IMPORTANT -- READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE BUYAFRICA SERVICE YOU AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to the BuyAfrica service, website or mobile application (collectively, the "Service"). Your use of the Service is subject
or “Agreement”). These Terms of Service are a legal agreement between You and BuyAfrica Pty.
Ltd. (“BuyAfrica”), an Australian company, for use of the BuyAfrica service. "You" refers to any
individual who creates an account on the Service, or, if the Service is being used on behalf
of an entity by an individual authorized to agree to such terms on behalf of such entity,
then "You" refers to such entity. If You are accessing the Service on behalf of Your employer,
you represent and warrant that You have the authority to agree to these Terms of Service
on its behalf. If You do not agree with the terms of this Agreement, do not use the Service.
BuyAfrica reserves the right to update and change the Agreement from time to time without notice
or acceptance by You. The Agreement will also be applicable to the use of the Service on
a trial basis. By using the Service, You signify Your irrevocable acceptance of this Agreement.
The website and any downloadable software associated with the Service are protected by copyright
laws and international copyright treaties, as well as other intellectual property laws and
The Service includes, and is limited to, a service, website, or mobile application that allows
You access to and use of a single BuyAfrica Account. "BuyAfrica" referred to herein means an
online marketplace promoting products, services and jobs. The Service may contain information, data, text,
photographs, videos, audio clips, written posts and comments, software, scripts, graphics,
and interactive features generated, provided, or otherwise made accessible on or through
the Service (collectively, “Content”). Subject to these Terms of Service, BuyAfrica grants to
You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable
license to use (i.e., to download and display locally) Content solely for purposes of using
the Service. Use, reproduction, modification, distribution or storage of any Content for
other than purposes of using the Service is expressly prohibited without prior written permission
from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial
use or in any way that violates any third party right. For the purposes of these Terms of
Service, “Content” also includes all User Content (as defined below).
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous
environments requiring fail-safe controls, including without limitation operation of nuclear
facilities, aircraft navigation/communication systems, air traffic control, and life support
or weapons systems.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service,
including the release of new tools and resources, shall be subject to the Agreement. In order
to use the Service, You must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees associated with such access.
In addition, You must provide all equipment necessary to make such connection to the World
Wide Web, including a computer and modem or other access device. You also understand and
agree that the service may include certain communications from BuyAfrica, such as service announcements,
administrative messages, etc., and that these communications are considered part of the Service
and You will not be able to opt out of receiving them. You agree not to access the Service
by any means other than through the interfaces that are provided by BuyAfrica for use in accessing
the Service. BuyAfrica will provide the Service in accordance with this Agreement. BuyAfrica may
at its sole discretion modify the features of the Service from time to time without prior
In order to use the Service, You must have a valid Account. To acquire an Account for the Service,
You must provide BuyAfrica with an electronic mail address and other information ("Registration
Data"). You are responsible for maintaining the confidentiality of the access data for Your
Account, and are fully responsible for all activities that occur under Your Account. You
agree to (a) immediately notify BuyAfrica of any unauthorized use of Your Account or any other
breach of security, and (b) ensure that You exit from Your Account at the end of each session.
BuyAfrica cannot and will not be liable for any loss or damage arising from Your failure to
comply with this section. In consideration of use of the Service, You agree to: (a) provide
true, accurate, current and complete information about Yourself as prompted by the Service's
registration form, and (b) maintain and promptly update the Registration Data to keep it
true, accurate, current and complete. BuyAfrica assumes no duty to verify such information as
further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You
provide any information that is untrue, inaccurate, not current or incomplete, or BuyAfrica
has reasonable grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, BuyAfrica has the right to suspend or terminate Your Account and refuse any and
all current or future use of the Service (or any portion thereof). By using the Service (and
registering an Account on the Service), You represent and warrant that You are at least 13
years of age, and no one under the age of 13 may use the Service - except as set forth below
under "Kids Under 13 and BuyAfrica". BuyAfrica may, in its sole discretion, refuse to offer the
Service to any person or entity and change its eligibility criteria at any time. You are
solely responsible for ensuring that these Terms of Service are in compliance with all laws,
rules and regulations applicable to you and the right to access the Service is revoked where
these Terms of Service or use of the Service is prohibited or to the extent offering, sale
or provision of the Service conflicts with any applicable law, rule or regulation.
Under 13 and BuyAfrica
BuyAfrica is not directed to children, and we expect that any use by children will only be done
with the guidance, supervision and consent of their parents, guardians and/or authorized
school officials. BuyAfrica relies on parents and guardians to ensure that minors only use BuyAfrica
if they can understand their rights and responsibilities as laid out in these Terms of Service
In the event that you are a school, district or teacher in the United States and want your students,
who are under the age of 13, to create BuyAfrica accounts - including in conjunction with the
establishment of a BuyAfrica Gold or Business Class account - you agree that you are responsible
for complying with the U.S. Children's Online Privacy Protection Act ("COPPA") and, to the
extent applicable, the Family Educational Rights and Privacy Act ("FERPA"). This means that
you must notify the students' parents/guardians of the personally identifiable information
that BuyAfrica will collect, and that you will obtain parental/guardian consent before your
students establish accounts or use BuyAfrica. When obtaining such consent, you must provide
provide them to us if we request them. For more information on complying with COPPA, see
the Federal Trade Commission's website. If you are located outside of the United States,
we will rely upon you to obtain any required consent or approval from the parent or guardian
of any student covered by similar laws, and, as a condition to your and your students' use
of BuyAfrica, you agree that you will be responsible for complying with such laws.
and Billing Terms
Additional groupings of features may be added to the Service and made available to You as a paid
upgrade ("Paid Plan"). If You choose to subscribe to a Paid Plan, You shall pay
fees (described below) to BuyAfrica. Upon selection of a Paid Plan, You will provide BuyAfrica
with the necessary billing information ("Billing Data").
Credit cards are the only payment mechanism BuyAfrica will accept for payment of a monthly or yearly
subscription fee ("Subscription Fee") for a Paid BuyAfrica Plan. All currency references
are in U.S. dollars. Paid BuyAfrica Plans can be paid as either a monthly Subscription Fee
or a yearly Subscription Fee.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You
must promptly update all Billing Data to keep Your Account current, complete and accurate
(such as a change in billing address, credit card number or credit card expiration date)
and You must promptly notify BuyAfrica if Your Payment Method is changed (for example, for loss
or theft) or if You become aware of a potential breach of security, such as the unauthorized
disclosure or use of Your name or password. If You fail to provide any of the foregoing information,
You agree that BuyAfrica may continue charging You for any use of the Paid Plan under your Billing
Data unless You have terminated Your Paid Plan as set forth herein.
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will
be automatically and immediately billed on the anniversary day each Month of the date you
first subscribed. For example, if you subscribed on the 3rd October, the next bill processing
day will be 3rd November. You agree that BuyAfrica may charge to Your credit card all amounts
due and owing for Your Account on that monthly basis or upon cancellation (see "Termination,
Breach, Suspension and Cancellation" and "Refund"). If You select the Yearly Fee, the credit
card that You provide as part of the Billing Data will be automatically and immediately billed
on the day You sign up. You agree that BuyAfrica may charge to Your credit card all amounts
due and owing for Your Account on that yearly basis unless you cancel the account (see the
"Termination, Breach, Suspension and Cancellation" and "Refund" sections of these Terms of
Service). BuyAfrica will contact You via electronic mail to alert You upon each charge. BuyAfrica
may change prices at any time without prior notice, but will endeavor to provide reasonable
advance notice via the BuyAfrica website and/or electronic mail. You agree that in the event
BuyAfrica is unable to collect the fees owed to BuyAfrica for Your Account through Your Subscription
Fee, BuyAfrica may take any other steps it deems necessary to collect such fees from You and
that You will be responsible for all costs and expenses incurred by BuyAfrica in connection
with such collection activity, including collection fees, court costs and attorneys' fees.
As long as Your Account remains active and in good standing, You will be charged the Subscription
Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
Breach, Suspension & Cancellation
If Your Subscription Fee payment is overdue, BuyAfrica will disable Your access to the features
provided by the Paid Plan. BuyAfrica may, at its sole discretion, at any time and for any reason,
terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In
the event of suspension or termination, Your account will be disabled and You may not be
granted access to Your Account or any files or other Content (including Your User Content)
contained in Your Account, and BuyAfrica may delete Your User Content, although residual copies
of information may remain in our system for some time for back-up purposes. In the event
of termination, BuyAfrica may also withdraw and at its discretion reallocate the public web
address of Your Account.
If You terminate Your Account, via means provided for cancellation on the BuyAfrica website, or
via telephone call or electronic mail to BuyAfrica, and You request that BuyAfrica delete Your
User Content and files contained in Your Account, BuyAfrica will make all reasonable efforts
to do so.
BuyAfrica provides means for Account and Paid Plan cancellation on the BuyAfrica website. If You cancel
Your Account within 90 calendar days of the date of sign up, and You request a refund, BuyAfrica
will refund all payments You have made to BuyAfrica within the 90 calendar days prior to the
cancellation and refund request.
BuyAfrica and/or its suppliers, as applicable, retain ownership of all proprietary rights in the
Service and in all trade names, trademarks and service marks associated or displayed with
the Service. You will not remove, deface or obscure any of BuyAfrica's or its suppliers' copyright
or trademark notices and/or legends or other proprietary notices on, incorporated therein,
or associated with the Service. You may not reverse engineer, reverse compile or otherwise
reduce to human readable form any software associated with the Service.
BuyAfrica is a Trademark of BuyAfrica Pty. Ltd..
You acknowledge that the Service, or portion thereof may be subject to the export control laws
of the United States. You will not export, re-export, divert, transfer or disclose any portion
of the Service or any related technical information or materials, directly or indirectly,
in violation of any applicable export law or regulation.
BuyAfrica does not claim ownership over any User Content submitted on or through the Service. Your
User Content belongs to You. However, by uploading any User Content to the Service, You agree
that BuyAfrica may store and display (only to You, to the extent that You make such User Content
private) Your User Content solely as necessary in connection with the Service. To the extent
You choose to share any of Your User Content with other users of the Service, You agree to
allow these users (i.e., only the users you specify) to view Your User Content and, to the
extent applicable, collaborate with You and Your User Content.
You understand that all User Content is the sole responsibility of the person from which such
User Content originated. This means that You, and not BuyAfrica, are entirely responsible for
all User Content that You upload, post, transmit or otherwise make available via Your Account.
BuyAfrica does not control the User Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such User Content.
You understand that by using the Service, You may be exposed to User Content that is offensive,
indecent or objectionable. Under no circumstances will BuyAfrica be liable in any way for any
User Content, including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use of any Content posted,
transmitted or otherwise made available via the Service. You acknowledge that BuyAfrica does
not pre-screen User Content, but that BuyAfrica and its designees shall have the right (but
not the obligation) in their sole discretion to refuse, modify or move any Content that is
available via the Service. Without limiting the foregoing, BuyAfrica and its designees shall
have the right to remove any User Content that violates the Agreement or is otherwise objectionable.
You agree that You must evaluate, and bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such Content. In this
regard, You acknowledge that You may not reasonably rely on any Content created by BuyAfrica
or submitted to BuyAfrica. You acknowledge and agree that BuyAfrica may preserve User Content and
may also disclose User Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of BuyAfrica, its users and the public.
If BuyAfrica discloses User Content to comply with legal process or respond to claims that any User
Content violates the rights of third-parties, to the extent permitted by law, regulation
or legal process, BuyAfrica agrees to provide You with prompt notice of any such legal or governmental
demand and reasonably cooperate with You in any effort to seek a protective order or otherwise
to contest such required disclosure.
You understand that the technical processing and transmission of the Service, including Your
User Content, may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
Should User Content be found or reported to be in violation with, but not limited to, the following
terms, it will be in BuyAfrica's sole discretion as to what action should be taken. You agree
that You will not:
(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy (up to, but not excluding any address, email, phone number, or any other
contact information without the written consent of the owner of such information), hateful,
or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a BuyAfrica official, forum
leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a
person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any
User Content transmitted through the Service;
(e) upload, post or otherwise transmit any User Content that You do not have a right to transmit
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);
(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark,
trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical
marketing, advertising, or any other practice that is in any way connected with "spam", including
but not limited to (a) sending mass email to recipients who haven't requested email from
You or with a fake return address, (b) promoting a site with inappropriate links, titles,
descriptions, or (c) promoting Your site by posting multiple submissions in public forums
that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the
(j) intentionally or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including without limitation,
the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm
or injury against any group or individual, or promote any act of cruelty to animals. This
may include, without limitation, providing instructions on how to assemble bombs, grenades
and other weapons or incendiary devices.
(m) offer for sale or sell any item, good or service that (i) violates any applicable federal,
state, or local law or regulation, (ii) You do not have full power and authority under all
relevant laws and regulations to offer and sell, including all necessary licenses and authorizations,
or (iii) BuyAfrica determines, in its sole discretion, is inappropriate for sale through the
Service provided by BuyAfrica;
(n) use the Account website as a redirecting/forwarding service to another website;
(o) exceed the scope of the Service that You have signed up for; for example, accessing and using
the tools that You do not have a right to use, or having humans share User logins, or deleting,
adding to, or otherwise changing other people's comments or User Content as an Account holder.
If any user is reported to be in violation with the letter or spirit of these terms, BuyAfrica
retains the right to terminate such account at any time without further warning.
Regarding Use and Storage
You agree that BuyAfrica has no responsibility or liability for the deletion of, or the failure
to store or to transmit, any User Content and other communications maintained by the Service.
You acknowledge that BuyAfrica may establish general practices and limits concerning use of
the Service and may modify such practices and limits from time to time. BuyAfrica retains the
right to create limits on use and storage at our sole discretion at any time with or without
notice. You acknowledge that we reserve the right to log off users who are inactive for an
extended period of time.
You agree that You will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or hardware or
(b) interfere with or disrupt our Service or networks connected to our website or through the
use of our Service, or disobey any requirements, procedures, policies or regulations of networks
connected to our website or through the use of our Service, or otherwise interfere with our
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(d) copy, reproduce, alter, modify, or publicly display any information displayed on the Service
(except for Your User Content), or create derivative works from our website (other than from
Your User Content), to the extent that such action(s) would constitute copyright infringement
or otherwise violate the intellectual property rights of BuyAfrica or any other third party,
except with the prior written consent of BuyAfrica or the appropriate third party.
of This Service
BuyAfrica takes no responsibility for any third-party Content or User Content (including, without
limitation,any viruses or other disabling features), nor does BuyAfrica have any obligation
to monitor such third-party Content. BuyAfrica reserves the right at all times to remove or
refuse to distribute any Content on the Service, such as Content which violates these Terms
of Service. BuyAfrica also reserves the right to access, read, preserve, and disclose any information
as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal
process or governmental request, (b) enforce these Terms of Service, including investigation
of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security
or technical issues, (d) respond to user support requests, or (e) protect the rights, property
or safety of BuyAfrica, its users and the public. BuyAfrica will not be responsible or liable for
the exercise or non-exercise of its rights under this Agreement.
If BuyAfrica discloses such information to satisfy any applicable law, regulation, legal process
or governmental request or to respond to user support requests, to the extent permitted by
law, regulation or legal process, BuyAfrica agrees to provide You with prompt notice of any
such demand and reasonably cooperate with You in any effort to seek a protective order or
otherwise to contest such required disclosure.
Your BuyAfrica profile page is public. This includes your name and any activity that you have had
on (including without limitation any User Content that you have submitted to) public meetings.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding
online conduct and acceptable User Content. Specifically, You agree to comply with all applicable
laws regarding the transmission of technical data exported from the United States or the
country in which You reside.
of This Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without the express permission by BuyAfrica.
You represent and warrant that (a) all of the information provided by You to BuyAfrica to participate
in the Service is correct and current; and (b) You have all necessary right, power and authority
to enter into these Terms of Service and to perform the acts required of You hereunder.
No Warranties or Representations
by BuyAfrica Pty. Ltd.
You understand and agree that the Service is provided "as is" and BuyAfrica, its affiliates, suppliers
and Resellers expressly disclaim all warranties of any kind, express or implied, including
without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement
or bailment of your data on BuyAfrica's servers. BuyAfrica, its affiliates, suppliers and Resellers
make no warranty or representation regarding the results that may be obtained from the use
of the Service, the security of the Service, or that the Service will meet any user's requirements.
Use of the Service is at Your sole risk. You will be solely responsible for any damage to
You resulting from the use of the Service. The entire risk arising out of use, security or
performance of the Service remains with You. No oral or written information or advice given
by BuyAfrica or its authorized representatives shall create a warranty or in any way increase
the scope of BuyAfrica's obligations. Without limiting the foregoing, the Service is not designed
or licensed for use in hazardous environments requiring fail-safe controls, including without
limitation operation of nuclear facilities, aircraft navigation/communication systems, air
traffic control, and life support or weapons systems. Without limiting the generality of
the foregoing, BuyAfrica, its affiliates, suppliers and Resellers specifically disclaim any
express or implied warranty of fitness for such purposes.
You agree to indemnify, defend and hold harmless BuyAfrica, its affiliates, officers, directors,
employees, consultants, agents, suppliers and Resellers from any and all third party claims,
liability, damages and/or costs (including, but not limited to, attorneys fees as and when
incurred) arising from Your use of the Service, Your use of Your Account, Your violation
of these Terms of Service or the infringement or violation by You or any other User of Your
Account, of any intellectual property relating to the Service (including without limitation
Your User Content) or other right of any person or entity.
BuyAfrica reserves the right at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice at any time. You
agree that BuyAfrica shall not be liable to You or to any third party for any modification,
suspension, termination or discontinuance of the Service.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship
between You and BuyAfrica Software is intended or created by these Terms of Service.
In no event will BuyAfrica or its affiliates, suppliers or Resellers be liable for any special,
incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of business information,
or any other pecuniary loss or damage) arising out of the use of or inability to use the
Service, or the provision of or failure to provide technical or other support service, whether
arising in tort (including negligence) contract or any other legal theory, even if BuyAfrica,
its affiliates, suppliers or Resellers have been advised of the possibility of such damages.
In any case, BuyAfrica's, its affiliates', suppliers' and Resellers' maximum cumulative liability
and Your exclusive remedy for any claims arising out of or related to this Agreement will
be limited to the amount actually paid by You for the Service (if any) in the previous twelve
Failure by either party to exercise any of its rights under, or to enforce any provision of,
this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce
such provision. If any provision of this Agreement is held by a court of competent jurisdiction
to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly
as possible the same economic effect of the original provision and the remainder of this
Agreement will remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action
arising of or related to use of BuyAfrica services or the Terms of Service must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
of Law and Forum
This Agreement shall be governed by and construed under the laws of the State of Victoria, Australia,
as applied to agreements entered into and to be performed in Australia by Australian residents.
/ General Provisions
This Agreement embodies the entire understanding and agreement between the parties respecting
the subject matter of this Agreement and supersedes any and all prior understandings and
agreements between the parties respecting such subject matter. BuyAfrica may change the terms
of this Agreement at any time by posting modified terms on its website. This Agreement has
been prepared in the English Language and such version shall be controlling in all respects
and any non-English version of this Agreement is solely for accommodation purposes. Any and
all rights and remedies of BuyAfrica upon Your breach or other default under this Agreement
will be deemed cumulative and not exclusive of any other right or remedy conferred by this
Agreement or by law or equity on BuyAfrica, and the exercise of any one remedy will not preclude
the exercise of any other. The captions and headings appearing in this Agreement are for
reference only and will not be considered in construing this Agreement. Notices to You may
be made via either email or regular mail. The Service may also provide notices of changes
to the Agreement or other matters by displaying notices or links to notices to You generally
on the Service. All notices or other correspondence to BuyAfrica under this Agreement must be
sent to the following electronic mail address for such purpose: [email protected]
Or the following physical address:
BuyAfrica Pty. Ltd.
PO Box 7319 Melbourne VIC 3004 Australia
BuyAfrica is a commercial service and brand of BuyAfrica Pty. Ltd.
BuyAfrica is committed to respecting your privacy and the confidentiality of your personal information,
traffic data and communications content.
the information you provide in using BuyAfrica's communications, BuyAfrica's websites and/or BuyAfrica's
Services. It also covers how BuyAfrica makes the personal information it holds available for
access and correction by the individual.
Principle 5, Openness.
does BuyAfrica collect and use?
BuyAfrica may gather and use information about you, including (but not limited to) information in
the following categories:
Identification information (e.g. name, company details, address, telephone number, mobile number, email address);
- Profile information (e.g. age, gender, country of residence, language preference and any
information that you choose to make available to others as part of your BuyAfrica user profile
as further described in Section 4);
- Electronic identification data (e.g. IP addresses, cookies);
- Information about your usage of and interaction with BuyAfrica software, products, and websites
(including computer, platform, device and connection information, client performance
information, error reports, device capability, bandwidth, statistics on page views, and
traffic to and from our websites, browser type and BuyAfrica usage statistics);
- Products or services ordered and delivered;
- Correspondence between you and BuyAfrica or BuyAfrica;
- Location information, derived from your mobile carrier or from the mobile device that you
- Mobile device information, such as manufacturer’s name, device model number, operating system,
BuyAfrica use this information and for what purpose?
Our primary purpose in collecting information is to provide you with a safe, smooth, efficient,
and customized experience. BuyAfrica collects and uses, or has third party service providers
acting on BuyAfrica’s behalf collecting and using, personal information relating to you, as
permitted or necessary to:
- change and customize BuyAfrica features and functionality;
- provide other services for you (as described when we collect the information);
- provide you with customer support and troubleshoot problems;
- compare information for accuracy;
- inform you about service updates and faults;
- request feedback or participation in on-line surveys;
- resolve disputes;
- verify your identity;
- record meeting usage statistics for us to analyse technical efficiency so we can create,
customize, measure, and improve BuyAfrica Software and Websites;
- conduct market research including customer satisfaction surveys so we better understand how
you want to use and pay for our Services and what new Services you’d like us to offer
- business planning
- organise and carry out BuyAfrica’s advertising, direct marketing or promotional operations/offers,
contests, games and similar events from BuyAfrica and other businesses;
- protect your and BuyAfrica’s interests, including in particular to enforce our Terms of Service
- prevent and fight against fraud.
of your personal information
Except as provided below, BuyAfrica will not sell, rent, trade or otherwise transfer any personal
and/or traffic data or communications content outside of BuyAfrica and its controlled subsidiaries
and affiliates without your explicit permission, unless it is obliged to do so under applicable
laws or by order of the competent authorities. Please note that information that you voluntarily
make public in your user profile, or which you disclose on forums, discussions boards or
by posting comments will be publicly available and viewable by others.
BuyAfrica may disclose personal information to respond to legal requirements, exercise our legal
rights or defend against legal claims, to protect BuyAfrica’s interests, fight against fraud
and to enforce our policies or to protect anyone's rights, property, or safety.
Information that is collected by or sent to BuyAfrica may be stored and processed in Australia and
the United States or any other country in which BuyAfrica or its affiliates, subsidiaries, or
service providers maintain facilities. In this regard, or for purposes of sharing or disclosing
data in accordance with this clause BuyAfrica reserves the right to transfer information outside
of your country. By using BuyAfrica software, BuyAfrica's websites or BuyAfrica services you consent
to any such transfer of information outside of your country
We will also disclose Personal Information to law enforcement agencies, government agencies,
courts or external advisers where permitted or required by law.
BuyAfrica may disclose Personal Information to avoid an imminent threat to a person's life or to
and third party applications
BuyAfrica websites may contain links that will let you leave BuyAfrica's website and access another
website. Linked websites are not under the control of BuyAfrica and these websites have different
acquired on the websites or through your use of the BuyAfrica software, BuyAfrica services and/or
your relationship with BuyAfrica, so BuyAfrica urges you to be careful when you enter any personal
information online. BuyAfrica accepts no responsibility or liability for these other websites.
If you use any extras, plug-ins or third party applications together with the BuyAfrica software
or use any third party applications or products that incorporate or embed the BuyAfrica software
(“Applications”), the provider of such Applications may obtain access to certain personal
information about you. BuyAfrica does not and cannot control how the provider of Applications
may use any personal information connected in connection with such Applications. Please ensure
that you review any privacy policies or other terms applicable to the use of such Application
Your user profile is the information provided by you at registration or later which is displayed
in your personal details page. It may include your BuyAfrica username, full name, address, telephone
and mobile numbers, gender, date of birth, country, language, “about me” page URL, and any
other information that you decide to make available. You can access your user profile from
the “Account” menu in the BuyAfrica portal to view, correct or complete information, remove
non-mandatory information; and to see the privacy settings associated with your profile information.
BuyAfrica protect your personal information
BuyAfrica will take appropriate organizational and technical measures to protect the personal information
and traffic data provided to or collected by it in compliance with the relevant Australian
legislation, such as the Privacy Act 1988, as amended. Your personal and traffic data can
only be accessed by authorised employees of BuyAfrica or its partners, subsidiaries or service
providers who need to have access to this data in order to be able to participate in providing
you with the BuyAfrica Services.
BuyAfrica may use automated scanning within Instant Messages and SMS to (a) identify suspected spam
and/or (b) identify URLs that have been previously flagged as spam, fraud, or phishing links.
In limited instances, BuyAfrica may capture and manually review instant messages or SMS in connection
with Spam prevention efforts. BuyAfrica may, in its sole discretion, block or prevent delivery
of suspected Spam, and remove suspicious links from messages.
BuyAfrica may from time to time ask you to provide information on your experiences which will be
used to measure and improve quality. You are at no time under any obligation to provide any
of such data. Any and all information which is voluntarily submitted in feedback forms on
the website or any survey that you take part in is used for the purposes of reviewing this
feedback and improving the BuyAfrica software, and other BuyAfrica services and websites.
From time to time, we may use your personal information to send important notices, such as communications
about purchases and changes to our terms, conditions, and policies. Because this information
is important to your interaction with BuyAfrica, you may not opt out of receiving these communications.
BuyAfrica may contact you to send you messages about faults and service issues. Further, BuyAfrica
reserves the right to use email, the BuyAfrica software or SMS to notify you of any eventual
claims related to your use of BuyAfrica software, the BuyAfrica websites and/or BuyAfrica products,
including without limitation claims of violation of third party rights.
BuyAfrica may send you alerts by email or SMS to notify you when someone has tried to contact you.
BuyAfrica may also use email, SMS or the BuyAfrica software to keep you up to date with news about
the BuyAfrica software and BuyAfrica services that you have purchased and/or to inform you about
other BuyAfrica services or other BuyAfrica related information. You can opt-out of the receipt
of alerts and/or promotional (a) emails by clicking the ‘unsubscribe’ link on the email that
you receive or by changing your Email Notification Settings in your Account section.
If you have registered for or use co-branded BuyAfrica services, the emails or SMS that you receive
may be from our partner company, acting on BuyAfrica’s behalf.
BuyAfrica will never ask you to supply personal information by email. If there are problems with
your billing or Account we will contact you and request you log into the secure BuyAfrica portal.
If you ever receive SPAM email asking you to provide any personal information of any kind
outside BuyAfrica disregard and delete this correspondence as it is not from us.
you access or amend your personal information?
You have the right to access and, where relevant, to amend or correct your personal information.
Some of your information may be viewed or edited online by signing into BuyAfrica. We will respond
to requests to view, correct, complete or remove your personal information within a reasonable
period of time and upon verification of your identity. Where you are a subsidiary user of
a business account and you do not have authority to edit your profile, we will provide you
with details of your Account Administrator who can make those changes on your behalf.
BuyAfrica will use all reasonable endeavours to accommodate requests to delete personal information
unless it is required to be retained by law or for lawful business purposes. However, please
note that due to the technical nature of the peer to peer network, it can sometimes take
up to two weeks before your BuyAfrica ID disappears completely from the peer to peer network.
Your details may still appear in the search directory during this time.
You can use the personal login details to view all your personal information online. Inside BuyAfrica
you can opt in or opt out of communications on various topics by email and/or SMS. You can
view and delete your call and webinar recordings. You can also view your usage statistics
is your personal information kept by BuyAfrica?
BuyAfrica will retain your information for as long as is necessary to: (1) fulfill any of the purposes
(such as those noted in paragraph or (2) comply with applicable legislation, regulatory requests
and relevant orders from any courts or tribunal.
of Instant Messages, Audio Calls and Video Calls
Your instant messaging (IM), audio and video content (collectively “messages”) may be stored
by BuyAfrica (a) to convey and synchronize your messages and (b) to enable you to retrieve the
messages and history where possible. Depending on the message type, messages are generally
stored by BuyAfrica for a between 30 and 90 days unless otherwise permitted or required by law.
This storage facilitates delivery of messages when a user is offline and to help sync messages
between user devices.
BuyAfrica will take appropriate technical and security measures to protect your information. By
using BuyAfrica services, you consent to the storage of your SMS, instant messages, voicemails,
collaboration or screen sharing, documents, files and video communications as described above.
we will notify existing customers either by prominently posting a notice of such changes
prior to implementing the change or by directly sending you a notification. You agree that
your continued use of the BuyAfrica software and services after notice shall constitute your
to be informed of how BuyAfrica is collecting, using, and protecting your information.
can contact BuyAfrica
To contact BuyAfrica in relation to the BuyAfrica software or services, please contact us. You can
write to us at: Privacy Officer, BuyAfrica Pty Ltd, PO Box 7319, Melbourne VIC 3004, Australia.
© 2017 BuyAfrica Pty Ltd