The terms and conditions set out below describe how Africa Daily PTY LTD (“Africa Daily ”, “we,” “us,” “our”) makes available our digital and/or print subscription. Please read them carefully as they affect your rights and liabilities under the law. These terms will be subject to any rights you may have under consumer law to which we are bound, and which cannot be waived by contract.
By agreeing to pay for a digital and/or print subscription, you agree to comply with these terms and conditions and our Terms of service which apply to the use of our digital information network generally as it may be accessed on various internet-connected devices (such as smartphones and tablets). We recommend that you print a copy of these terms and conditions or save a copy on your computer for future reference.
The purpose of the subscription terms and conditions is to establish the rules and expectations between Africa Daily and the subscriber, outlining usage rights, payment terms, limitations of liability and other important provisions to govern the relationship.
Users may access our platforms as an anonymous visitor, registered user, subscriber, or authorised user. Your access rights and available features will depend on your subscription package and the platform used. A registered user has created an account and may access free content and features. A subscriber is a paying user with access to all content and paid features. An anonymous visitor is neither registered nor subscribed. We may amend these terms and conditions at any time, with the amended version taking effect upon publication on our platforms. You are responsible for reviewing the terms regularly and continued use of our platforms or subscription services after publication constitutes acceptance of the amended terms.
2. DEFINITIONS
2.1. “corporate subscription” means the subscription offered by Africa Daily to potential corporate subscribers from time to time;
2.2. “corporate subscriber” means a legal entity that has subscribed and paid the subscription fee for the corporate subscription;
2.3. “credit” is when the subscriber’s account is either credited for non-delivery of a print package or for an erroneous debit made on the account twice in the same billing cycle. The subscriber may use the credit for the next billing cycle;
2.4. “individual subscriber” means an individual or entity that has subscribed and paid the subscription fee for the individual subscription;
2.5. “individual subscription” means the subscriptions offered by Africa Daily to prospective individual subscribers from time to time;
2.6. “intellectual property” means the website content, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright, patent and trademark law, and are the property of Africa Daily and/or third parties;
2.7. “platforms” means the digital platforms and websites owned and managed by Africa Daily from time to time;
2.8. “subscribers” means collectively the corporate subscribers and the individual subscribers;
2.9. “subscription” means a subscription to the Africa Daily owned platforms and publications;
2.10. “subscription fee” means the fee payable for the corporate subscription or the individual subscription;
2.11. “subscription services” means the provision digital and print publications and the delivery of the print publications in terms of the subscription packages; and
2.12. “subscription package” means either the corporate subscription or the individual subscription, as the circumstances may dictate.
3. CORPORATE SUBSCRIPTION
3.1. Corporate subscriptions entitle the following people or entities (as the case may be) to use our platforms, subject to these terms and conditions –
3.1.1. designated recipients of the corporate subscriber; and
3.1.2. in each instance as nominated in writing by the corporate subscriber concerned, and the persons so nominated are hereafter referred to as “authorised users.”
3.2. The corporate subscriber who nominated authorised users acknowledges that the use of the platform and/or subscription service by such authorised user will be subject to the terms and conditions and in the event of any breach of the terms and conditions by the authorised user, we shall be entitled to suspend or terminate such authorised user’s use immediately, without the corporate subscriber having any right of recourse.
3.3. By accessing the platforms, an authorised user accepts and agrees to be subject to and bound to these terms and conditions.
3.4. A corporate subscriber shall not benefit commercially from the corporate subscription, whether directly or indirectly, and whether through resale, grant of use or otherwise.
3.5. A corporate subscriber endeavours to notify and timeously update Africa Daily on any changes in the email addresses of the authorised users.
4. PROHIBITIONS ON SUBSCRIPTION SHARING
4.1 The individual subscriber cannot share his/her individual subscription with other individuals or entities.
4.2 The subscription is limited to access by only one mobile device and one web browser per account, meaning only 2 (two) concurrent sessions will be allowed and the individual subscribers cannot have more than two open sessions on various devices.
4.3 The authorised users in the corporate subscriptions shall not exceed the number submitted by the corporate subscriber to Africa Daily in the corporate subscription form.
4.4 The subscriber is prohibited from downloading and/or distributing and reproducing Africa Daily ’s intellectual property.
4.5 Any unauthorised use/distribution and reproduction of Africa Daily ’s intellectual property is deemed an infringement of copyright in terns of the Copyright Act 98 of 1978 (“the Act”) and such action constitutes a criminal offence in terms of section 27(6) of the Act.
4.6 Should Africa Daily discover that the subscriber has infringed upon its copyright, it will terminate the subscription immediately without providing 60 (sixty) days notice and demand the subscriber to cease and desist with the unlawful act.
4.7 Should the subscriber not comply with Africa Daily ’s request mentioned above, it shall lodge a criminal complaint with the South African Police Services and institute legal action to recover all damages occasioned by your copyright infringement without notice.
5. CONTENT USAGE AND REDISTRIBUTION
5.1 Africa Daily owns or is entitled to use all of the content made available on our platforms or through our services.
5.2 Your use of our platforms and subscription services is subject to the following restrictions. You may not, without Africa Daily ’s prior written consent:
5.2.1 reproduce, publish, perform, broadcast, adapt, sell, lease, offer, make available, transfer, or otherwise use any content for commercial purposes;
5.2.2 decompile, reverse engineer, or convert the content into any format other than that in which it was provided;
5.2.3 incorporate the content, in whole or in part, into any other work or content for any purpose;
5.2.4 remove, obscure, or alter any legal notices, including copyright, trademark, or other proprietary rights notices, contained in or on the content; and
5.2.5 frame or otherwise display any portion of a webpage from our platforms or subscription services within another website or application.
6. PAYMENT RESPONSIBILITIES
6.1 The subscriber is responsible for ensuring that sufficient funds for direct debits and payments are made. You are also responsible for checking account statements to verify accuracy.
6.2 Non-payment from the subscriber will result in access being denied until payment is resolved.
6.3 No discounts other than promotions will be granted on the subscription packages.
6.4 All individual subscriptions run on a continuous basis and will automatically renew, with billing continuing, until you cancel your subscription.
6.5 Payments can be made by credit card or debit card, with a debit order, via Apple App store and Google App store and other service providers. The list of available payment methods may be adjusted at Africa Daily ’s discretion. All card information provided by the subscriber is data that is not stored and processed by Africa Daily .
6.6 In some cases, your payment date may change, for example if your payment method has not successfully settled or if your paid subscription began on a day that does not match your selected billing day.
6.7 In the event of non-payment where a subscriber has not cancelled during the cancellation window, Africa Daily reserves the right to recover an owing payment at the same time as the due payment.
6.8 If a payment fails on the billing date, further attempts to collect will be made during at the next billing cycle. Should all attempts fail, access will be denied until payment is resolved.
6.9 Subscription fees will be automatically charged monthly to your chosen payment method on the specific billing date provided upon subscription.
7. DELIVERY
7.1. Print publication will be delivered to the address provided by subscriber on a daily/weekly basis and addresses will be vetted prior to purchase to confirm if it falls within our delivery footprint.
7.2. It is the subscribers responsibility to inform Africa Daily of any change of address. If you wish to change your address for home delivery then please contact us at least 10 (ten) days before the date on which you wish your change of address to take effect.
7.3. The subscriber is responsible for notifying Africa Daily if deliveries are missed or incorrect. The subscriber must report the matter to the addresses as specified in clause 17 below.
7.4. In the event of non-delivery, the “credit” will be passed to the next weekend or next delivery date. We will at the best of our ability strive to deliver the newspaper, however in the instance that we cannot deliver the newspaper, Africa Daily shall credit your account.
7.5. We do not guarantee delivery to non-secure locations, unsafe or beyond ground floor levels.
7.6. We will to the best of our ability deliver to the address provided by the subscriber, however if the premises are in a security complex and access is not possible, Africa Daily will abide by the rules of the complex, and the paper might be left at the security gate if permitted.
8. AFRICA DAILY ’S RIGHTS
8.1. We reserve the right to modify and/or adjust the subscription packages either by the features, content, sections and supplements in line with the business model and to discontinue the subscription packages, in which case the subscriber will be notified prior to any changes taking effect.
8.2. We reserve the right to adjust the subscription fee, but we will always inform you of such adjustments before we implement it. Should this happen, you will be notified on your subscribed email address. Should you not accept the adjusted subscription fee, you can terminate your subscription to the service by following the termination clause below. Your subscription to the service will come to an end at the end of the period for which you have paid the subscription fee.
8.3. We reserve the right to withdraw the supply of the digital and/or print subscription and its benefits at any time and we may terminate print services with 60 (sixty) days notice.
8.4. We may cease to publish a publication in which instance refunds will be allowed.
9. CHANGES TO THE DIGITAL AND PRINT SUBSCRIPTION
9.1 Africa Daily will give the subscriber at least 60 (sixty) days notice in advance, if it effects any changes to the:
9.1.1 subscription packages;
9.1.2 subscription fees; and
9.1.3 subscription services.
9.2 The subscriber will be required to pay the new price to continue receiving the subscription package.
9.3 Any such change will apply from your next billing cycle.
10. CANCELLATIONS AND REFUNDS
10.1 Monthly subscriptions: Cancellations take effect at the next billing cycle date, with access remaining active until that point.
10.2 Annual subscriptions: Cancellations take effect at end of the subscription period with access active until that period.
10.3 Processing Cancellations: To avoid further charges, cancellations must often be processed at least 30 (thirty) days before the next billing cycle and prior to the expiry of the subscription period with regards to annual subscriptions.
10.4 If you do not cancel before your next payment date, your digital and/or print subscription will automatically renew for another month or year (as applicable), and you will need to cancel before the next billing cycle or subscription period. You are to pay all money and costs that you have incurred up to the termination date.
10.5 You are to pay all money and costs that you have incurred up to the termination date.
10.6 Refund(s):
10.6.1 No cash refunds will be granted.
10.6.2 No refunds are commonly provided for unused portions of the subscription.
11. PRIVACY
11.1 Africa Daily uses third parties to fulfil certain parts of its subscription service on our behalf. This means that the information provided by you is passed to such third parties. This information will only be used for the purposes of providing the subscription service to you and will be dealt with in accordance with our privacy policy.
11.2 We may take any action we consider necessary and reasonable to protect the security and integrity of our platforms and/or subscription services.
11.3 You may not use our platforms or subscription services in any way that compromises, or could compromise, the security of our network or any other network connected to it.
11.4 We take reasonable measures to safeguard your payment information and utilise a payment system which, in our reasonable opinion, meets accepted technological standards and is appropriate for the type of transaction concerned.
11.5 We handle your personal information in accordance with the provisions of the Africa Daily privacy policy which you can read more about here: Privacy policy.
11.6 We are always working on improving our users experience. This includes the Cookie preference capability. You are able to delete or disable cookies manually, however, this may adversely affect the operation and functionality of our platforms and/or subscription services. Information on managing cookies is available in our Cookie policy.
12. DATA PROTECTION
12.1. “Data Protection Legislation” means the following legislation:
12.1.1. Protection of Personal Information Act 4 of 2013 (“POPI”);
12.1.2. the European Union (“EU”) General Data Protection Regulation (2016/679) (“GDPR”); or such other legislation as may become applicable to the protection of Personal Information in South Africa.
12.2. “Data Subject” means the person to whom Personal Information relates.
12.3. “Personal Information” means all information relating to an identifiable natural or juristic person; and personal information processed as part of the terms and conditions, but its meaning is limited to only personal information related to the natural residents of the EU as far as the provisions of the GDPR apply.
12.4. “Personal Information Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to, Personal Information transmitted, stored, or otherwise processed.
12.5. In order to render the services or to comply with the obligations imposed on the Parties in terms of this terms and conditions, either Party may need to provide, collect, use, store, or process (“Process” or “Processing” or “Processed”) Personal Information of the other Party. Each Party hereby authorises such Processing where the need arises, subject to compliance with the further provisions of this clause 12.
12.6. In Processing the Personal Information, Africa Daily agrees to:
12.6.1. only Process Personal Information:
12.6.1.1. to the extent necessary to provide the services;
12.6.1.2. in accordance with the subscriber’s specific instructions (save to the extent such instructions infringe the Data Protection Legislation, in which case you should notify us);
12.6.1.3. as required by any regulator or applicable law;
12.6.1.4. not disclose any Personal Information to any third party (including to Africa Daily ’s Affiliates), including for back-up and storage purposes, without the subscriber’s prior written consent in each instance (Consent may be given pursuant to clause 12.7), other than to the extent required by any competent authority or applicable law in which case you shall inform us of such required disclosure prior to Processing such disclosure unless prevented from doing so pursuant to applicable law;
12.6.1.5. implement appropriate technical and organisational measures to maintain the security of such Personal Information and prevent unauthorised or unlawful access to, or Processing of, or any accidental loss, destruction, or damage to that Personal Information;
12.6.1.6. keep, and procure that all of Africa Daily ’s Personnel keep, the Personal Information confidential;
12.6.1.7. maintain a record of Africa Daily ’s Processing activities and provide all reasonable cooperation and information to us as it is reasonably necessary for us to demonstrate compliance with our obligations pursuant to Data Protection Legislation, including permitting audits conducted by us or on our behalf or on behalf of our regulators on reasonable notice from time to time;
12.6.1.8. notify the subscriber in writing without undue delay and in any event within 24 (twenty-four) hours of discovery of, and provide reasonable cooperation in the event of, any Personal Information Breach;
12.6.1.9. provide the subscriber with reasonable cooperation and assistance in relation to any request by a Data Subject to have access to Personal Information held about them or in relation to any other request, allegation or complaint by a competent authority or Data Subject, including notifying us in writing without undue delay and in any event within 48 (forty-eight) hours of receipt of any such notice or request;
12.6.1.10. at the subscriber’s choice, delete or return all Personal Information and Confidential Information to the subscriber on termination or expiry of this terms and conditions or a particular engagement, and delete all copies of the Personal Information and Confidential Information (save to the extent that retention of copies is required by applicable law) providing written confirmation of such deletion to the subscriber;
12.6.1.11. not Process Personal Information outside a country not deemed to provide an adequate level of protection for Personal Information by any competent authority without our prior written consent. It shall be a condition of any consent given by us to you to transfer Personal Information outside a country not deemed to provide an adequate level of protection for Personal Information that you shall:
12.6.1.11.1. enter into a data transfer terms and conditions in a form prescribed by applicable Data Protection Legislation, to the extent that the formalisation of such a document represents a valid means of transferring Personal Information outside of the relevant jurisdiction; or
12.6.1.11.2. otherwise ensure that the transfer is subject to terms which satisfy the Data Protection Legislation including the conditions of any applicable adequacy finding or decision.
12.7. Africa Daily agrees not to engage any third party or other sub-processor to Process Personal Information on the subscriber’s behalf without the subscriber’s prior written consent. Where a sub-processor is duly engaged to carry out specific Processing activities on the subscriber’s behalf, Africa Daily agrees to ensure that Africa Daily enters into a written contract with such sub-processor containing data protection obligations no less onerous than those set out in this clause 12, which shall apply to the sub- processor. Africa Daily shall remain liable for the acts and omission of any such sub-processor.
12.8. Africa Daily agrees to indemnify the subscriber, and keep the subscriber indemnified, from and against all losses suffered by, incurred by, or awarded against the subscriber, arising out of or in connection with any failure by Africa Daily or Africa Daily ’s Personnel to comply with Africa Daily ’s obligations under this clause 12.
12.9. Any breach of Africa Daily ’s data protection obligations shall be deemed to be a material breach of this terms and conditions and shall entitle the subscriber to terminate this terms and conditions immediately upon notice to Africa Daily .
12.10. As far as the law allows, Africa Daily agrees that the subscriber may monitor electronic communications to ensure compliance with its legal and regulatory obligations and internal policies.
13. DIRECT MARKETING
13.1 Africa Daily is committed to protecting the subscriber’s privacy and ensuring that their Personal Information is protected. From time to time, Africa Daily or its affiliates may wish to send the subscriber communications (including editorial newsletters, information regarding new services or products, samples or special offers) that may be of interest. All communications will abide by our privacy policy and applicable law.
13.2 By subscribing, all subscribers give their consent to receive various marketing and promotional material from Africa Daily and the third-party brands associated with the Africa Daily platforms. subscribers will be provided with the opportunity to ‘Unsubscribe’ of receiving such communications, which may be via the relevant medium that such marketing communication was received.
14. AVAILABILITY
14.1 While we will take reasonable steps to ensure that our platforms and subscription services are generally available 24 (twenty-four) hours a day, we shall not be liable for any unavailability at any time or for any period, regardless of the cause.
14.2 Access to our platforms or subscription services may be suspended, without notice, in the event of system failure, maintenance, repair, or for reasons beyond our reasonable control. Certain platforms or subscription services may, from time to time, be subject to additional rules or terms specific to the services you use or subscribe to. By using such services, you agree to be bound by those additional rules and/or terms.
14.3 We may amend, suspend, or discontinue any of our platforms, or any part thereof, at any time, including (without limitation) the content offered, hours of availability, or technical requirements for access and use.
15. WARRANTIES
15.1 Africa Daily represents, warrants and undertakes to the subscriber that:
15.1.1. The services and the use by the authorised user and subscriber of the platforms and/or subscription services and/or any other materials provided by Africa Daily shall not infringe the intellectual property rights or other rights of any third party;
15.1.2. In the event of non-conformance with any of the above warranties, Africa Daily will correct any such non-conformance and if unable to do so promptly shall (at the subscriber’s sole option) re-perform the non-conforming services (as relevant) promptly refund any fees paid by the subscriber;
15.1.3. It will perform all of its obligations in accordance all applicable laws and regulations;
15.1.4. It has an absolute right to allow the subscriber to use the subscription package in accordance with the provisions of these terms and conditions;
15.1.5. The subscription package and subscriber’s receipt and use thereof, will not infringe any patent or copyright, misappropriate any trade secret or any other proprietary right of any third party that exists under the laws of any jurisdiction;
15.1.6. The subscription package shall be free of all computer viruses, worms, logic bombs, trap doors, Trojans and any other routine, device, malware, or other undisclosed feature that is designed to delete, disable, deactivate, interfere with, or otherwise harm the subscription package or subscriber’s hardware, data or other programs.
16. DISCLAIMER AND LIMITED LIABILITY
16.1 You access and use our platforms and services entirely at your own risk.
16.2 Although we strive to keep information accurate and complete, we give no warranty—express or implied—regarding the accuracy, completeness, reliability, or error-free nature of any content or technology available through the platforms or services.
16.3. We may alter, remove, or add to any content on the platforms or services at any time without prior notice. Content may become outdated, and we undertake no obligation to update it.
16.4. To the fullest extent permitted by law, we accept no liability for any loss, damage, cost, or expense of whatever nature arising from your use of, or inability to use, our platforms, services, or any content obtained through them.
16.5. The platforms and services are provided “as is” and were not designed to meet your individual requirements. Before entering into this agreement, you must satisfy yourself that the services available through our platforms meet your needs and are compatible with your hardware and software.
16.6. Information, ideas, and opinions expressed on our platforms or services do not constitute professional advice or our official view. You should seek appropriate professional guidance before acting on any such information, ideas, or opinions.
16.7. User-generated submissions—including blog contributions, article comments, posts of any kind, and emails—are not under our editorial control. Accordingly, we are not liable for unlawful, defamatory, harmful, or otherwise objectionable material contained in such submissions.