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cAfrica (PTY) LTD

Terms and Conditions of Use
NOTICE: YOU ACCEPT THAT YOU HAVE BEEN GIVEN AND OPPORTUNITY TO READ AND ACCEPT THIS BEFORE USING THE cAfrica SERVICE.
THE cAfrica PORTAL GIVES YOU ACCESS TO THE cAfrica Services
  1. Introduction
    1. Please read these Terms of Use (these "Terms") carefully as they govern your use of (which includes access to) cAfrica's personalized services for streaming music and other content, including all of our websites and software applications that incorporate or link to these Terms (collectively, the "cAfrica Service") and any music, videos, podcasts, or other material that is made available through cAfrica Service (the "Content").
    2. Use of cAfrica Service may be subject to additional terms and conditions presented by cAfrica, which are hereby incorporated by this reference into these Terms.
    3. By signing up for, or otherwise using, cAfrica Service, you agree to these Terms. If you do not agree to these Terms, then you must not use cAfrica Service or access any Content.
    4. Service Provider
    5. These Terms are between you and cAfrica located in South Africa.
    6. Age and eligibility requirements
    7. In order to use cAfrica Service and access any Content, you need to

      (1) be 13 years of age (or the equivalent minimum age in your home country) or older,

      (2) have parent or guardian consent if you are a minor in your home country;

      (3) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and

      (4) reside in a country where the Service is available. You also promise that any registration information that you submit to cAfrica is true, accurate, and complete, and you agree to keep it that way at all times If you are a minor in your home country, your parent or guardian will need to enter into these Terms on your behalf. You can find additional information regarding minimum age requirements in the registration process. If you do not meet the minimum age requirements then cAfrica will be unable to register you as a user.

  2. cAfrica Service Provided by Us
    1. cAfrica Service Options
    2. We provide numerous cAfrica Service options. Certain cAfrica Service options are provided free-of-charge, while other options require payment before they can be accessed (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties.
    3. The Unlimited Service may not be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Unlimited Service, or if your subscription to the Unlimited Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Unlimited Service. Note that the Unlimited Service may be discontinued in the future, in which case you will no longer be charged for the Service.
    4. Trials
    5. From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). By using a cAfrica Service via a Trial, you agree to cAfrica Premium Promotional Offer Terms.
    6. Third-Party Applications, Devices and Open Source Software
    7. cAfrica Service may be integrated with, or may otherwise interact with, third-party applications, websites, and services ("Third-Party Applications") and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices ("Devices"). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions and policies provided to you by the applicable third party. cAfrica does not guarantee that Third-Party Applications and Devices will be compatible with cAfrica Service.
    8. Service Limitations and Modifications
    9. We use reasonable care and skill to keep cAfrica Service operational and to provide you with a personalized, immersive audio experience. However, our service offerings and their availability may change from time to time and subject to applicable laws, without liability to you; for example:
    10. cAfrica Services may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
    11. We aim to evolve and improve our Services constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all of part of cAfrica Service (including particular functions, features, subscription plans and promotional offerings).
    12. cAfrica has no obligation to provide any specific content through cAfrica Service, and cAfrica or the applicable owners may remove particular songs, videos, podcasts, and other Content without notice.
    13. If you have prepaid fees directly to cAfrica for a Paid Subscription that cAfrica discontinues prior to the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), cAfrica will refund you the prepaid fees for the Pre-Paid Period for any unused part of your then current Paid Subscription after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
    14. cAfrica has no liability to you, nor any obligation to provide a refund to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.
  3. Your Use of cAfrica Service
    1. Creating a cAfrica account
    2. You may need to create a cAfrica account to use all or part of cAfrica Service. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify our Customer Service team immediately if your username or password is lost or stolen, or if you believe there has been unauthorized access to your account.
    3. cAfrica may reclaim, or require you to change, your username for any reason.
    4. Your rights to use cAfrica Service
    5. Access to cAfrica Services
    6. Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of cAfrica Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or cAfrica. You agree that you will not redistribute or transfer cAfrica Service or the Content.
    7. cAfrica software applications and the Content are licensed, not sold or transferred to you, and cAfrica and its licensors retain ownership of all copies of cAfrica software applications and Content even after installation on your Devices.
    8. cAfrica's Proprietary Rights
    9. cAfrica Service and the Content are the property of cAfrica or cAfrica's licensors. All cAfrica trademarks, service marks, trade names, logos, domain names, and any other features of the cAfrica brand ("cAfrica Brand Features") are the sole property of cAfrica or its licensors. These Terms do not grant you any rights to use any cAfrica Brand Features whether for commercial or non-commercial use.
    10. You agree to abide by cAfrica User Guidelines and not to use cAfrica Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
    11. Payments and cancellation
    12. Billing
    13. You may purchase a Paid Subscription directly from cAfrica or through a third party either by:
    14. paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
    15. pre-payment giving you access to cAfrica Service for a specific time period ("Pre-Paid Period").
    16. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
    17. If you purchase access to a Paid Subscription through a third party, separate terms and conditions with such third party may apply to your use of cAfrica Service in addition to these Terms. If you purchase a Paid Subscription using a code, gift card, pre-paid offer, or other offer provided or sold by or on behalf of cAfrica for access to a Paid Subscription ("Codes"), you hereby agree to cAfrica Card Terms.
    18. Price and tax changes
    19. cAfrica may from time to time change the price for the Donations/Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes (defined above), and will communicate any price changes to you in advance on reasonable notice. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, by continuing to use cAfrica Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect.
    20. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory or even city. Any change in Tax rate will be automatically applied based on the account information you provide
    21. Renewal and Cancellation
    22. With the exception of Paid Subscriptions for a Pre-Paid Period, your payment to cAfrica or the third party through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. Contact our Customer Support team here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of cAfrica Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
    23. If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period stated in the Code, or when there is an insufficient pre-paid balance to pay for cAfrica Service.
    24. Withdrawal right
    25. If you sign up for a Trial, you agree that the withdrawal right for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don't cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize cAfrica to automatically charge you the agreed price each month until you cancel the Paid Subscription. For trials less than fourteen (14) days, you expressly consent to us providing you with the paid service immediately after the end of your Trial and that from that point you lose your right of withdrawal.
    26. If you purchase a Paid Subscription with no Trial, you agree you have fourteen (14) days after your purchase to withdraw for any reason and must pay us for the services provided up until the time you tell us that you have changed your mind. . You expressly consent to us providing you with the service immediately following your purchase, that you lose your right of withdrawal, and authorize cAfrica to charge you automatically each month until you cancel.
    27. User Guidelines
    28. We've established guidelines for using cAfrica Service, to make sure cAfrica Service stays enjoyable for everyone ("cAfrica User Guidelines"). In using cAfrica Service, you must comply with cAfrica User Guidelines, as well as all applicable laws, rules, and regulation, and respect the intellectual property, privacy, and other rights of third parties.
    29. Brand Accounts
    30. If you establish a cAfrica account on behalf of a company, organization, entity, or brand (a "Brand," and such account a "Brand Account"), the terms "you" and "your," as used throughout these Terms (including other cAfrica terms and conditions incorporated by reference herein), apply to both you and the Brand.
    31. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms (including any other applicable cAfrica terms and conditions) and to bind the Brand to these Terms.
    32. A Brand may follow users and create and share playlists, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user, artist, songwriter, or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration provided to artists, songwriters, users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
    33. Export control and sanctions
    34. cAfrica's products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. You warrant that you are

      (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and

      (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions or otherwise listed on any S.A government list of prohibited or restricted parties.

    35. You agree to comply with all applicable export and reexport control laws and regulations, including without limitation the EAR and trade and economic sanctions maintained by OFAC. Specifically, you agree not to – directly or indirectly – use, sell, export, reexport, transfer, divert, release, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from cAfrica under these Terms to any destination, entity, or person or for any end-use prohibited by the EAR, trade and economic sanctions maintained by OFAC, or any applicable laws or regulations of the South African or any other jurisdiction without obtaining any required prior authorization from the competent government authorities as required by those laws and regulations.
  4. Content and Intellectual Property Rights
    1. User content
    2. The content you post on the service
    3. cAfrica users may post, upload, or otherwise contribute content to cAfrica Service ("User Content"). For the avoidance of doubt, "User Content" includes all information, materials and other content that is added, created, uploaded, submitted, distributed, or posted to cAfrica Service (including to the cAfrica Support Community) by users.
    4. You are solely responsible for all User Content that you post.
    5. You promise that, with respect to any User Content you post on cAfrica,

      (1) you own or have the right to post such User Content;

      (2) such User Content, or its use by cAfrica pursuant to the license granted below, does not:

      (i) violate these Terms, applicable law, or the intellectual property or other rights of any third party; or

      (ii) such User Content does not imply any affiliation with or endorsement of you or your User Content by cAfrica or any artist, band, label, or other individual or entity without the prior express written consent from cAfrica or such individual or entity.

    6. In posting or sharing User Content or other information on cAfrica Service, please keep in mind that content and other information will be publicly accessible, and may be used and re-shared by others on cAfrica Service and across the web, so please use caution in posting or sharing on cAfrica Service, and be mindful of your account settings. cAfrica is not responsible for what you or others post or share on cAfrica Service.
    7. Monitoring user content
    8. cAfrica may, but has no obligation to, monitor or review User Content. cAfrica reserves the right to remove or disable access to any User Content for any or no reason. cAfrica may take these actions without prior notification to you.
    9. Licenses that you grant us
    10. You retain ownership of your User Content when you post it to the Service. However, in order for us to make your User Content available on cAfrica Service, we do need a limited license from you to that User Content. Accordingly, you hereby grant to cAfrica a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with cAfrica Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
    11. Feedback
    12. If you provide ideas, suggestions, or other feedback in connection with your use of cAfrica Service or any Content ("Feedback"), such Feedback is not confidential and may be used by cAfrica without restriction and without payment to you. Feedback is considered a type of User Content under these Terms.
    13. Your Device.
    14. You also grant to us the right

      (1) to allow cAfrica Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of cAfrica Service,

      (2) to provide advertising and other information to you, and to allow our business partners to do the same, as permitted in accordance with cAfrica Privacy Policy.

    15. Content experience
    16. In any part of cAfrica Service, the Content that you access, including its selection and placement, may be influenced by commercial considerations, including cAfrica's agreements with third parties.
    17. Some Content licensed by, provided to, created by, or otherwise made available by cAfrica (e.g., podcasts) may incorporate advertising, and cAfrica is not responsible for any such advertising.
    18. Infringement claims
    19. cAfrica respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, please see cAfrica Copyright Policy.
  5. Customer Support, Information, Questions and Complaints
    1. cAfrica Support Community
    2. cAfrica Support Community is a place for discussions and exchange of information, tips, and other materials related to cAfrica Service. By using cAfrica Support Community, you agree to the Community Terms.
    3. Customer Support, Information, Questions, Complaint
    4. For customer support with account- and payment-related questions ("Customer Support Queries"), please use Customer Support resources listed on the Contact Us section of our website.
    5. If you have any questions concerning cAfrica Service or these Terms (including any additional cAfrica terms and conditions incorporated herein), please contact cAfrica Customer Service by visiting the About Us section of our website.
    6. If you reside in the European Union, you can also file a complaint at the online platform for alternative dispute resolution (ODR-platform).
  6. Problems and Disputes

      (1) Suspending and terminating cAfrica Services

      (2) These Terms will continue to apply to you until terminated by either you or cAfrica. cAfrica may terminate these Terms (including any additional terms and conditions incorporated herein) or suspend your access to cAfrica Service at any time if we believe you have breached any of these Terms, if we stop providing cAfrica Service or any material component thereof on reasonable notice to you, or as we believe necessary to comply with applicable law. If you or cAfrica terminate these Terms, or if cAfrica suspends your access to cAfrica Service, you agree that cAfrica shall, subject to applicable laws, have no liability or responsibility to you, and (except as expressly provided in these Terms) cAfrica will not refund any amounts that you have already paid. You may terminate these Terms at any time, in which case you may not continue accessing or using cAfrica Service. To learn how to terminate your cAfrica account, please use the Customer Support resources on our Contact Us page.

      (3) Sections 4 (Content and Intellectual Property Rights), 3 (Your Use of cAfrica Service), 2 (cAfrica Service Provided by Us), 6 (Problems and Disputes), 7 (About These Terms) herein, as well as any other sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms, shall survive termination.

      (4) Warranty disclaimers

      (5) cAfrica will provide service using reasonable care and skill and in accordance with any specification of cAfrica Service provided by cAfrica, however, subject to that, cAfrica Service is provided "as is" and "as available," without any warranties of any kind, whether express, implied, or statutory. Further, cAfrica and all owners of the content disclaim any express, implied, and statutory warranties regarding the content, including warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither cAfrica nor any owner of content warrants that cAfrica Service or content is free of malware or other harmful components. In addition, cAfrica makes no representation regarding, nor does it warrant or assume any responsibility for, any third-party applications (or the content thereof), user content, devices or any product or service advertised, promoted or offered by a third party on or through cAfrica Service or any hyperlinked website, and cAfrica is not responsible for any transactions between you and any third-party providers of the foregoing. No advice or information whether oral or in writing obtained by you from cAfrica shall create any warranty on behalf of cAfrica. While using cAfrica Service, you may have access to explicit content filtering features, but use of these features may still result in some explicit content being served and you should not rely on such features to filter all explicit content. This section applies to the fullest extent permitted by applicable law.

      (6) Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you and nothing will affect your statutory rights.

      (7) Limitation of Liability and Time for Filing a Claim

      (8) Subject to applicable law, you agree that your sole and exclusive remedy for any problems or dissatisfaction with cAfrica Service is to uninstall any cAfrica software and to stop using cAfrica Service. You agree that cAfrica has no obligation or liability arising from or related to third-party applications or the content thereof made available through or in connection with cAfrica, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to cAfrica, for any problems or dissatisfaction with any third-party applications or the content thereof, is to uninstall or stop using such third-party applications.

      (9) In no event will cAfrica, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for

      (1) any indirect, special, incidental, punitive, exemplary, or consequential damages;

      (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use cAfrica Service, devices, third-party applications, or third-party application content; or

      (3) aggregate liability for all claims relating to cAfrica Service, third-party applications, or third-party application content more than the greater of

      (a) the amounts paid by you to cAfrica during the twelve months prior to the first claim; or

      (b) Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.

      (10) For clarification, these terms do not limit cAfrica's liability for fraud, fraudulent misrepresentation, death or personal injury to the extent that applicable law would prohibit such a limitation and for any other liability that, by applicable law, may not be limited or excluded.

      (11) Except where such restriction is prohibited under applicable law, any claim arising under these terms must be commenced (by filing a demand for arbitration or filing an individual action under the arbitration agreement below) within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

      (12) Third Party Rights

      (13) You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of these Terms and have the right to enforce these Terms directly against you. Other than as set out in this section, these Terms are not intended to grant rights to anyone except you and cAfrica, and in no event shall these Terms create any third-party beneficiary rights.

      (14) If you have downloaded any of our mobile software applications (each, an "App") from the Apple Inc. ("Apple") App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and cAfrica only, not with Apple, and Apple is not responsible for cAfrica Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to cAfrica Service. In the event of any failure of cAfrica Service to conform to any applicable warranty, you may notify Apple and Apple will refund the applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to cAfrica Service. Apple is not responsible for addressing any claims by you or any third party relating to cAfrica Service or your possession or use of cAfrica Service, including:

      (1) product liability claims;

      (2) any claim that cAfrica Service fails to conform to any applicable legal or regulatory requirement;

      (3) claims arising under consumer protection or similar legislation; and

      (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that cAfrica Service or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms, when using cAfrica Service. Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

      (15) Indemnification

      (16) You agree to indemnify and hold cAfrica harmless from and against any reasonably foreseeable direct losses, damages, and reasonable expenses (including reasonable attorney fees and costs) suffered or incurred by cAfrica arising out of or related to:

      (1) your breach of any of these Terms (including any additional cAfrica terms and conditions incorporated herein);

      (2) any User Content you post or otherwise contribute;

      (3) any activity in which you engage on or through cAfrica Service; and

      (4) your violation of any law or the rights of a third party.

      (17) Governing Law, Mandatory Arbitration and Venue

    1. Governing Law / Jurisdiction

      (1) Unless otherwise required by mandatory laws in your country of residence, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

      (2) Further, you and cAfrica agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them), except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence

      (3) Country or region Choice of Law Jurisdiction

      (4) All other countries and regions in which cAfrica is available. Sweden Exclusive; Courts of Sweden

      (5) Bulgaria, Cyprus, Estonia, France, Hong Kong, Latvia, Lithuania, Luxembourg, Malta, Monaco, Norway, Philippines, Portugal, Slovakia, Spain, Turkey Laws of Sweden Non-exclusive; Courts of Sweden

      (6) Brazil Laws of Brazil Exclusive; South Africa, Nigeria, State and Federal Courts of São Paulo, State of São Paulo, Brazil

      (7) Canada Not applicable to residents of Quebec: Laws of the Province of Ontario Residents of Quebec: Laws of the Province of Quebec, Canada Not applicable to residents of Quebec: Exclusive other than for the purpose of enforcing judgements; Courts of Ontario, Canada Residents of Quebec: Courts of Quebec, Canada

      (8) Argentina, Bolivia, Chile, Colombia, Costa Rica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay State of California, United States Exclusive; State and Federal Courts of San Francisco County, CA or New York, NY

      (9) United Kingdom Laws of England and Wales Exclusive

    2. CLASS ACTION WAIVER

      (1) WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND cAfrica AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and cAfrica agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

    3. ARBITRATION

      (1) If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 6.3. is enforceable, the following mandatory arbitration provisions apply to you:

      1. Dispute resolution and arbitration

        2. (1) You and cAfrica agree that any dispute, claim, or controversy between you and cAfrica arising in connection with or relating in any way to these Agreements or to your relationship with cAfrica as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

      2. Exceptions

        3. Notwithstanding clause 6.3.1 above, you and cAfrica both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to

        (1) bring an individual action in a small claims court ,

        (2) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available,

        (3) seek injunctive relief in a court of law, or

        (4) to file suit in a court of law to address intellectual property infringement claims.

      3. Arbitration rules

        4. (1) Either you or we may start arbitration proceedings. Any arbitration between you and cAfrica will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the "ICC") then in force (the "ICC Rules") by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.

      4. Time for filing

        5. (1) Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

      5. Notice; Process

        6. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). cAfrica's address for Notice is: [cAfrica, Attn: General Counsel, 351 Beyers Naude, Northfcliff, Randburg, South Africa]. The Notice must

        (1) describe the nature and basis of the claim or dispute; and

        (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or cAfrica may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or cAfrica shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, cAfrica shall pay you

        (1) the amount awarded by the arbitrator, if any,

        (2) the last written settlement amount offered by cAfrica in settlement of the dispute prior to the arbitrator's award; or

        (3) $1,000.00, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator's decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.Except as required to enforce the arbitrator's decision and award, neither you nor cAfrica shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.

      6. Modifications

        7. (1) In the event that cAfrica makes any future change to this arbitration provision (other than a change to cAfrica's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to cAfrica's address for Notice, in which case your account with cAfrica shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.

      7. Enforceability

        8. (1) If the class action waiver at Section 6.2 is found to be unenforceable in arbitration or if any part of this Section 6.3 is found to be invalid or unenforceable, then the entirety of this Section 6.3 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 6.1 shall govern any action arising out of or related to the Agreements and you shall not be prevented from bringing proceedings at any time.

  7. About these Terms
    1. Under applicable law, you may have certain rights that can't be limited by a contract. These terms are in no way intended to restrict those rights.
    2. Changes
    3. We may make changes to these Terms (including any additional cAfrica terms and conditions incorporated by reference herein) from time to time by notifying you of such changes by any reasonable means (before they take effect), including by posting a revised Agreement on the applicable cAfrica Service (provided that, for material changes, we will seek to supplement such notice by email, an in-service pop-up message, or other means). Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms, or other cAfrica terms and conditions, incorporating such changes, or otherwise notified you of such changes. Your use of cAfrica Service following any changes to these Terms will constitute your acceptance of such changes. If you do not wish to continue using cAfrica Service under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
    4. Entire Agreement
    5. Other than as stated in this section or as explicitly agreed upon in writing between you and cAfrica, these Terms constitute all the terms and conditions agreed upon between you and cAfrica and supersede any prior agreements in relation to the subject matter of these Terms, whether written or oral. As noted above, other terms and conditions governing use of the cAfrica Service are incorporated herein by reference, including the following terms and conditions: cAfrica Premium Promotional Offer Terms; cAfrica's Card Terms; cAfrica User Guidelines; cAfrica Copyright Policy; and cAfrica Support Community Terms.
    6. Severability and Waiver
    7. Unless as otherwise stated in these Terms, should any provision of these Terms be held invalid or unenforceable for any reason or to any extent, the remaining provisions of these Terms will not be affected, and the application of that provision shall be enforced to the extent permitted by law.
    8. Any failure by cAfrica or any third-party beneficiary to enforce these Terms or any provision thereof shall not waive cAfrica's or the applicable third-party beneficiary's right to do so.
    9. Assignment
    10. cAfrica may assign any or all of these Terms, and may assign or delegate, in whole or in part, any of its rights or obligations under these Terms. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.