Terms of Use

The terms and conditions set out below (‘Site Terms’), when read together with the Terms of Service (for experts or subscribers’ users on the restricted part), govern your use of the afriwise.com website (‘Site’). By using the Site, you accept and abide by the Site Terms. If you do not accept the Site Terms, you are not permitted to use the Site and you must refrain from using it.

The Site is owned and operated by Afriwise NV, a public limited liability company registered in Belgium (BE 0679799160). Our registered address is Avenue Louise 292, 1000 Brussels, Belgium (‘Afriwise’, ‘us’ or ‘we’).

If you have any complaints or questions regarding the Site or the Site Terms, then please contact us at info@afriwise.com.

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We reserve the right to make changes to these Site Terms, which will be effective once they are published on the Site. You should revisit this area of the Site regularly to check the terms and conditions.

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USE OF THE SITE BY YOU

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You must use the Site at all times in accordance with these Site Terms.
Notwithstanding anything else in these Site Terms, we may, in our absolute discretion, refuse you or any other person access to part or all of the Site at any time and for any reason.

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DISCLAIMERS

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Afriwise is not an agent for any law firms, organisations, companies or individuals mentioned on the open part of the Site, nor for experts, contributors or law firms listed on the restricted part of the Site.

You understand and agree that Afriwise will not assume any liability with respect to the knowledge and any content of contributors on the restricted part of the Site nor for any interactions between subscribers’ users and experts.

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Afriwise does not warrant that your use of the Site will be uninterrupted or error free, nor does Afriwise warrant that we will preserve or maintain experts’, contributors’, subscribers’ or subscribers’ users’ information without loss. To the extent permitted by law, Afriwise shall not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Afriwise.

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CONTENT

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We do not have, and expressly disclaim, any liability to you in connection with any content, information, text, graphics, images, audio or video, or material created or uploaded to the Site (‘Content’). We cannot guarantee, and make no representations in relation to the completeness or accuracy of any Content.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any Content of another user of the Site for any purpose other than for the purpose for which it has been posted.

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PROHIBITED USES

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Notwithstanding anything to the contrary in these Site Terms, you must not:

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  • attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising, or in any way making up, a part of the Site, including any algorithm used by us;
  • introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment to the Site or to other users;
  • take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure, including spam or other unsolicited mass e-mailing techniques;
  • use the Site for any objectionable or unlawful purpose;
  • use the Site in any manner that would result in you breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
  • mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
  • conduct any activity which compromises or breaches another party's patent rights, trademark, copyright or other intellectual property rights;
  • copy, collect or save information about other users, including information relating to their skills, employment and education history, except as expressly permitted by the Site;
  • publish advertising material of any kind, or market any goods or services directly to other users, except as expressly permitted by the Site;
  • stalk or harass anyone;
  • attempt to disrupt or interfere with the delivery of our service or the services of our partners and clients;
  • use the details of other users for anything other than the use expressly permitted by those users;
  • download, access, use, harvest or download in bulk user details other than explicitly permitted by us in writing;
  • sell, redistribute or use information contained on the Site for a commercial purpose without our prior written consent;
  • pass on username and/or password information to anyone other than the authorised user of that account;
  • remove or alter our copyright notices or other means of identification, including any watermarks, as they appear on the services or Site;
  • provide to any persons who are not authorised users of the Site, any part of the information included in the services or content, except as explicitly permitted by Afriwise; or
  • distribute or publish any part of the information or Content included in the Site on any part of the internet or social media, or other publicly accessible electronic network, or otherwise publish, broadcast or display any such information in public.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations and taxation obligations that may apply to your use of the Site or any service provided by Afriwise.

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SUSPENSION AND TERMINATION

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Failure to comply with the above sections on Content and Prohibited Uses constitutes a material breach of the Site Terms, and may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Site and our services;
  • issuing of a warning to you;
  • legal action against you, including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

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USERNAME AND PASSWORD

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You must keep your username and password (‘Login’) secure, and you must not disclose those details to any other person. You will not transfer your registration to another person. You are solely responsible for the consequences of any use of your Login by third parties, regardless of whether that use is authorised.

If you believe that your Login is being used by someone else, please contact us immediately at info@afriwise.com.

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If you have a company registration, you and your employer will be solely responsible for the security of your password. In the case of subscribers, you warrant that any single user account username/login or password is not shared by multiple people. Only your employees approved by Afriwise who have been issued a Login by us shall be authorised users permitted to access the restricted part of the Site and/or Afriwise services. Unless otherwise agreed in writing, your authorised users’ Logins may not be used by any subscriber affiliates, portfolio companies, or other individuals or groups within your company or any third party. Afriwise may, on 7 days prior written notice, request that you certify and provide evidence indicating your compliance with this requirement.

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INTELLECTUAL PROPERTY

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We own or are licensed to use all intellectual property on the Site. Except for contributors who may use the Content they contributed, you may not use any of our intellectual property for any purpose other than as may be required to use the Site for its intended purpose.

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We own the distinctive 'Afriwise’ marks, brand and logo. We have the consent to display the logos of law firms which contribute Content. Nothing on this Site creates any right on your part (express or implied) that would allow you to use or display a trademark that you do not own, regardless of whether the trademark is currently registered.

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PRIVACY

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Your use of the Site is conditional upon you agreeing and complying with our Privacy Policy. The Site can only provide the intended services to users by using personal information in the manner contemplated in the Privacy Policy, and we may collect, use and disclose your personal information for the purposes described in it.

If you have any questions or concerns relating to the Privacy Policy, please contact us in accordance with the process and procedure set out in the Privacy Policy.

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LINKS TO OTHER SITES

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The Site may contain links or portals to other websites. We have no control over websites operated by third parties and you agree that we are not responsible for, and will have no liability in connection with, your access to, or use of, any third party website.

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OUR LIABILITY

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Except for any express warranties in these Site Terms, all Content on the Site and all Afriwise services are provided ‘as is’. To the extent permitted by law, Afriwise excludes all warranties, express or implied, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, and as to the availability, accuracy, completeness, currency or reliability of the information or services, including services of any third party, that are made available via, or referred to on, the Site.

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To the extent permitted by law, Afriwise (and its affiliates, officers, employees, agents, representatives and third-party service providers) excludes all liabilities (including in contract, for negligence, under statute or otherwise) for any direct loss, indirect or consequential loss, damage, costs or expenses suffered by you or claims made against you (however caused) in connection with:

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  • your use of the Site and/or any Content on the Site;
  • any decision made, or action taken, by you or anyone else in reliance upon any Content contained in, or omitted from, the Site;
  • any errors in, or omissions from, the Site, including, but not limited to, technical inaccuracies and typographical errors;
  • any lack of availability, interruption, delay in operation, virus, internet access difficulties, or equipment malfunction in relation to the Site; or
  • any goods or services identified, supplied, offered or advertised on, or through, the Site.

If any warranties are implied by law that cannot be excluded, then to the maximum extent permitted by law, our liability for breach of such warranties is limited to, at our option:

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  • in the case of products the replacement of the products or the supply of equivalent products; or the payment of the cost of replacing the products or acquiring equivalent products;
  • in the case of services: the supply of the services again; or the payment of the cost of having the services supplied again.

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INDEMNITY

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To the maximum extent permitted by law, you agree to indemnify and hold Afriwise and each of its affiliates, officers, employees, agents, representatives and third-party service providers harmless from any and all claims and liabilities resulting from your breach of these Site Terms or relating to your use of the Site or its use by any person on your behalf. For the purposes of this paragraph, Site includes any linked sites. Afriwise holds the benefit of this indemnity and all other rights under this Agreement as trustee for each person named as benefiting from it.

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GENERAL

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Afriwise may at any time novate, assign, transfer, mortgage, charge or deal in any other way with these Site Terms (or part thereof) or grant or confer the benefit of any right arising under these Site Terms.

If any provision of these Site Terms is held invalid by any law, rule, order or regulation of any government, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions not held to be invalid. These Site Terms will be interpreted to carry out the intent to the fullest extent permitted by law.

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We may modify these Site Terms from time to time by posting the modification(s) or updating these terms and conditions on the Site. Unless otherwise specified by us when posted, all modifications will be effective upon posting. If you do not agree to any modification(s), your only recourse will be to cease using or accessing the Site. If you continue to access the Site after any modification becomes effective, then your access will constitute acceptance of such modification.

All notices of any kind shall be in writing and shall be delivered to our registered address and in your case, to the address we have on file for you.

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