1. Jurisdiction and Legal Framework

• Operating Entity: The portal is operated by ProdAfrica (PTY) Ltd, with its European marketing headquarters in Barcelona, Spain.
• Applicable Law: The agreement is strictly governed by the laws of Spain and is subject to exclusive Spanish jurisdiction.
• Data Protection: The platform claims adherence to European and Spanish regulations: the General Data Protection Regulation (GDPR), LOPDGDD, and LSSI-CE. Users must guarantee they possess a valid legal basis for any data they publish.

2. User Types and Subscription Models

• Individual Users: Are entitled to publish one (1) free listing.
• Agencies & Third Parties: Are strictly prohibited from using free accounts to manage listings for their clients. They must operate exclusively under paid plans. Creating fake (“ad hoc”) email addresses to bypass this rule will result in immediate deletion of the listing and account.
• Platform Self-Promotion (Ex Officio Addition): To promote African development, ProdAfrica may randomly add businesses to the directory for free, displaying all available information for a limited time. Afterward, these default to the standard “Free” mode. The legitimate owner may claim or delete the listing at any time.
• “Verified” Paid Plans: “Verified” status does not mean ProdAfrica has audited the company. It simply indicates that the client has formally declared and assumed full responsibility that their information is authentic, lawful, and up to date.

3. Strict Publishing Rules and Restrictions

• No Direct Sales in General Listings: Products or direct sales offers cannot be published in the general company profile (e.g., a farmer can state they grow coffee, but cannot post a specific price offer). Direct sales must go through designated premium sections.
• Contact Data Placement: It is strictly forbidden to include phone numbers, emails, web addresses, or other contact details in the title or business description. These must only be entered in their designated fields (which are typically gated behind paid plans).
• Events Section Integrity: Only official organizers may publish events. It is strictly prohibited to disguise a product or service as an event (e.g., a tour operator cannot list a guided tour as an event within a larger music festival).
• Sponsored Posts/Blogs: Clients are solely responsible for the content and image rights of sponsored articles or ads. ProdAfrica does not endorse or guarantee their accuracy.

4. Economic Conditions, Payments, and Renewals

• Currency & Methods: Prices are listed in US Dollars (USD). Accepted payments include PayPal, Stripe, and credit/debit cards.
• Event Ticketing: ProdAfrica takes a 10% commission on every event ticket sold through the platform.
• Automatic Renewal: Paid contracts automatically renew one month before expiration unless the client sends a formal cancellation email to team@prodafrica.com. If canceled, the listing drops to the restricted “Free” mode.
• Price Modifications: ProdAfrica reserves the right to change prices at any time, though they will respect the rates of already contracted active plans.

5. Intellectual Property Rules

• Client Responsibility: The user guarantees they own or have the licenses for all text, graphics, and images uploaded.
• Recommended Licenses: ProdAfrica urges the use of royalty-free or Creative Commons (CC) / Wikipedia Commons images.
• Required CC Image Format: Recommended naming convention is: NAME_NUMBERPHOTO_PHOTO_BY_NAME_ORIGIN.
• Prohibited Actions (Anti-Scraping & Copyright):
  • Republishing, selling, renting, or sub-licensing ProdAfrica’s material.
  • Reproducing or exploiting the directory for commercial purposes.
  • Displaying material publicly without crediting ProdAfrica.
  • “Scraping” (accessing or tracking non-public parts of the website), which is explicitly labeled as a potential criminal offense.

5.1 User-Generated Content and Third-Party Materials

ProdAfrica Business Directory is a business intelligence and B2B connectivity platform that enables companies, organisations and users to publish business information and connect with international opportunities.

Regarding content uploaded by users, including text, images, logos and other materials, ProdAfrica acts as an intermediary platform. Users remain solely responsible for ensuring that they have the necessary rights, licences or permissions to publish such content.

ProdAfrica does not independently create, verify, or claim ownership of user-uploaded materials. Any review, restriction or removal of content following a valid notice of potential infringement is carried out as a measure of diligence and does not constitute an admission of liability.

 

6. Privacy and Communication Monitoring

• Automatic Newsletter Subscription: Using the “Send Enquiry” contact button automatically registers the user into the ProdAfrica Newsletter.
• Reading Private Messages: ProdAfrica expressly states that it reserves the right to read the messages and contacts sent through its web forms to “offer a better service.” By using the site, the user authorizes this.

7. Right of Refusal and Cancellation

ProdAfrica may reject, suspend, or cancel any listing without a refund in the following cases:

• By order of judicial/administrative authorities.
• For the use of material for which the rights are not available.
• If content is obscene, offensive, illegal, false, or damages the directory’s image.
• Anti-Sharing Rule: If multiple unrelated businesses try to share a single paid listing to split costs (e.g., a shopping mall listing all its internal stores, or an association listing all its members in one ad).
• Note: Free accounts can be deleted by the platform at any time without explanation.

8. Legal Disclaimer and Indemnity Clause

• Mere Intermediary: ProdAfrica acts exclusively as a host. They do not pre-screen, monitor, or validate content. All liability falls on the client.
• No Warranties: The platform does not guarantee continuous uptime, accuracy, or suitability of information, and excludes liability for indirect losses, data loss, or lost profits.
• Comprehensive Indemnification: If a user utilizes the platform for commercial purposes or on behalf of a business, the user/entity must indemnify and hold ProdAfrica harmless from any claims, lawsuits, legal fees, or damages (including negligence or copyright infringement) arising from their use of the platform.

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