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Terms of use

Updated on Monday, 11 March 2019 01:16

General conditions of use and sale of the digital editions of
Jeune Afrique Media Group

 

These general terms and conditions of online subscription are offered to you by Jeune Afrique Media Group – Société en commandite par actions – share capital of 16 000 050 euros, registered under number: 784 683 484 00025 RCS PARIS, whose registered office is located at 57 bis rue d’Auteuil – 75016 Paris – mkt@jeuneafrique.com – phone number + 33 1 44 30 19 60.

 

I. Definitions and scope of application

Jeune Afrique Media Group publishes the following digital media:
– The website Jeuneafrique.com
– The mobile application JA.com
– Jeune Afrique Le Magazine mobile application
– The website Jeuneafriquebusinessplus.com
– The website forumlesheroines.com
– TheAfricaReport.com website
– The Africa Report Magazine mobile application
– The newsletters published by Jeune Afrique, Jeune Afrique Business +, Les Héroïnes Forum and The Africa Report

These general conditions govern our relations with subscribers and/or users, subscription, access to services, use of online participatory information services, as well as all related services that we offer you via the digital media listed above (hereinafter referred to as “Digital Services”).
These conditions are supplemented by the attached document “Terms of Use for our websites and applications”, thus forming our “contractual framework”:
Contracts are presented to each subscriber prior to the first subscription or access offered.
The aforesaid “contractual framework” is binding on all subscribers and users and binds them mutually to Jeune Afrique Media Group, without conditions or reservations, thus allowing the uniform use of Jeune Afrique Media Group’s services, regardless of the type of subscription chosen.
The possible tolerance of a contractual breach does not constitute a waiver by Jeune Afrique Media Group to use it. In the event of the invalidity of one of the clauses of the contract, the other clauses shall remain in full force and effect.

 

II. Access and subscription terms and conditions

Full access to the websites of Jeuneafrique.com, TheAfricareport.com, Jeuneafriquebusinessplus.com, JA.Com applications, Jeune Afrique Le Magazine and TheAfricareport Le Magazine with associated services implies for some content the subscription of a paid subscription and the creation of a user account, allowing the subscriber to authenticate himself. If you subscribe to free newsletters only, you do not need to create an account.
A Jeune Afrique Media Group account corresponds to an identifier, associated with a password, both of which are specific and strictly personal to the subscriber. They allow any subscriber (excluding professional subscriptions), via a dedicated interface, to access the subscription, subscribe/renew/change current contracts and services.
Once the account has been created, Jeune Afrique Media Group will send an acknowledgement of receipt to the email address indicated in the subscription form, as confirmation of acceptance of the subscription request.
In the event of a collective or licensed subscription, it is the main subscriber who chooses and proceeds with the subscription procedures described below.

Our current subscription offers are available on our website and fall into three categories:
– individual subscriptions,
– group subscriptions for professionals,
– specific and punctual promotional offers for individual subscriptions.
The offers in force are those posted on the day the order is placed, including promotional offers.

Individual subscription
Individual subscription offers allow each user to have personal access to the service for a period of one month, tacitly renewable, unless terminated before the end of the current period in accordance with the terms set out in point VIII or fixed-term subscription plans. The subscription is intuitu personae. The subscriber undertakes not to share his access codes to the service with third parties under penalty of immediate termination of his subscription without possible refund.

Group subscriptions
Group subscriptions are subscriptions reserved for professionals, companies, associations, administrations, local authorities or any other legal entity.
Group subscription offers allow any company, association, community or other legal entity, known as the “main subscriber”, to subscribe to a specific number of subscriptions, payable on the day of subscription and for a minimum period of one year, in order to give the selected persons, known as “beneficiary users”, their own right of access and use of the subscribed services. In this respect, a professional subscription manager, the “subscription manager”, must be appointed at the time of subscription.
The subscription manager must designate, individually and by name, the beneficiary users to whom it intends to assign said access rights and services. To this end, the subscription manager must provide a unique and valid professional nominative email address for each beneficiary user.
Only the subscription manager of the main subscriber may, at his sole discretion and responsibility, grant, suspend, terminate or modify the access rights of each beneficiary user during the subscription period, for the duration he determines.
Each beneficiary user will be directly informed by e-mail of the right that the subscription manager of the main subscriber intends to grant them. Jeune Afrique Media Group cannot be held liable for any allocations or suspensions of access decided by the subscription manager alone.
All information relating to these professional offers can be requested by e-mail at mkt@jeuneafrique.com

Promotional offers
Jeune Afrique Media Group occasionally offers promotional offers for the subscription of individual subscriptions, some of which are subject to the entry of a so-called “promotional” code. The latter must be entered by the user when subscribing to the offer in order to benefit from it.
Due to the uniqueness of each promotional offer, if Jeune Afrique Media Group notices that a user benefits from an offer that he or she has already used before, the user may have his or her access interrupted or even deleted, without notice and without the benefit of any refund or compensation, or will be invited by Jeune Afrique Media Group to subscribe to a subscription offer to which he or she may choose to opt or not.
Jeune Afrique Media Group reserves the right to modify its offers at any time, or to propose other temporary promotional offers, under the conditions detailed on our website.

 

III. Rates and payments conditions

Payment for the subscription is made according to the rates and terms in force on Jeune Afrique Media Group’s digital services. The subscription is payable at the time of subscription or, if applicable, at the time of renewal.
The subscriber is solely responsible for the payment of all sums due under the subscription. However, a third party may pay the subscription on behalf of the subscriber, without this giving him/her any special rights, except in the case of group and licensed subscriptions.

Several payment methods are available from Jeune Afrique Media Group:
– credit card / Paypal

The prices are available on Jeune Afrique Media Group’s digital services, indicated in euros and are “All taxes included” (TTC) except for group subscriptions for which the prices are exclusive of tax. They do not include costs related to electronic equipment and communications, necessary for the subscription and use of the services, which remain the responsibility of the subscriber.
For group and licensed subscriptions, subscriptions attached to the main subscription are prepaid, due in any event, whether or not they are assigned to a beneficiary user and whether or not they are used by the beneficiary user of the main subscription, without the subscriber being entitled to any reimbursement.
The main subscriber of a collective or licensed subscription must allocate the prepaid subscriptions to the beneficiary users of his choice at the time of subscription. Subscriptions not allocated by the main subscriber or not used by the beneficiary users shall not be subject to any refund due to the non-assignment or non-use of the service.
In the event of unsuccessful payment by credit card or Paypal, and except in the event of theft or opposition, our secure payment service provider may be required to represent the payment until it is regularized.

 

IV. Our services

Subscriptions to the various services allow you to consult all the articles published by the editorial team directly online on the various media offered, website and mobile applications…
Jeune Afrique Media Group may offer new services, free or for a fee, the subscription and/or use of which may be subject to compliance with certain technical criteria or limitations, which will then be specified to the subscriber and/or user.

 

V. Changes to the general conditions

Jeune Afrique Media Group reserves the right to adapt or modify at any time these general terms and conditions of subscription and general terms and conditions of sale.
The new general conditions will, if necessary, be brought to the User’s attention by online modification.

 

VI. Rules of use and limitation of liability

Creating a user account does not create rights in itself. It is a declarative procedure allowing you to enter your contact details (title, surname, first name, email, country, etc.). It is the responsibility of the subscriber and/or user to declare exact contact details and keep them up to date in the event of any changes.
On the basis of the declared information, the account is associated with a “Username” and “Password”, chosen by the subscriber and which are strictly personal to him.
Each subscriber and/or user acknowledges and accepts that any use made of Jeune Afrique Media Group’s services via his account will be deemed to be made under his responsibility, with his agreement and is strictly personal. The transmission to a third party and the use of these access codes by a third party is strictly prohibited. Failure to comply with this rule will result in the temporary suspension, after a first warning, or even the cancellation, in the event of a repeat subscription. For professional group subscribers, exceptions may be granted depending on the offers subscribed.
If the password is forgotten, the subscriber can request its recovery by using the “Forgotten password? ». In the event of accidental disclosure or theft of the password, the subscriber must replace it as soon as possible, and inform Jeune Afrique Media Group’s subscriber service by e-mail at mkt@jeuneafrique.com.
Jeune Afrique Media Group’s subscriber service will, at the subscriber’s request only, deactivate usurped access codes. The subscriber will then have to choose a new password, possibly a new ID. Please note that the passwords chosen by subscribers are encrypted and therefore no Jeune Afrique Media group employee can access them. If the password is lost or forgotten, the subscriber will have to reset it using the “Forgotten Password” function.
In the absence of prompt or immediate action, the account holder will be held liable for any loss, theft, misappropriation or unauthorized use of his access codes and their consequences.
Unless expressly authorized in writing and in advance by Jeune Afrique Media Group, the subscription does not allow articles to be distributed or reproduced for professional purposes.

Specifics limitations to the use of the Internet network
Jeune Afrique Media Group undertakes to make its best efforts to secure access, consultation and use of information in accordance with the rules of use of the Internet. The sites are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of Jeune Afrique Media Group and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site. Maintenance work may be carried out without prior notification to subscribers.

The subscriber uses the services of Jeune Afrique Media Group as they stand. The subscriber also declares that he/she accepts the characteristics and limitations of the Internet, and in particular acknowledges that:

– its use of mobile sites and applications is at its own risk;
– mobile sites and applications are accessible to it “as is” and according to their availability;
– any downloading by the subscriber is done under his responsibility;
– the subscriber is solely responsible for any damage to his computer, telephone, tablet or any loss of data resulting from the downloading of this material or consulting the site or mobile applications;
– it is the subscriber’s responsibility to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating through the sites and/or information and content;
– no advice and no information, whether oral or written, obtained by the subscriber of Jeune Afrique Media Group or during the use of the sites are likely to create guarantees not expressly provided for by these general conditions;
– it is solely responsible for the use made of the information on the sites and applications and, consequently, Jeune Afrique Media Group cannot be held liable for any direct or indirect damage resulting from the use of this information;
– it is solely responsible for the use of the content of sites or applications with a hypertext link to the sites or applications, Jeune Afrique Media Group declines any responsibility for such content;
– he is aware of the nature of the Internet, in particular its technical performance and response times for consulting, querying or transferring information;
– the communication of its access codes or, in general, of any information deemed confidential is done under its own responsibility;
– it is up to him to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the information.
The services offered by Jeune Afrique Media Group comply with current French legislation. All information and data disseminated in publications published by Jeune Afrique Media Group are provided for information purposes only. Jeune Afrique Media Group cannot be held liable for any damage, direct or indirect, that may result from errors, omissions or delays in the transmission or publication of this information.
Hypertext links on the sites may lead to other sites. Jeune Afrique Media Group does not control these contents a priori and assumes no responsibility for the sites and contents to which these links refer.
However, Jeune Afrique Media Group will remove such links or content published on its website after the event, as part of a notification of the illegal or harmful nature of such links or content. Jeune Afrique Media Group may not, however, delete content published on sites other than its own.
Each subscriber and/or user acknowledges and accepts that, taking into account the laws in force, Jeune Afrique Media Group or its hosting provider may delete or make it impossible to access all or part of the content. Jeune Afrique Media Group cannot be held liable for this fact.

Major force
Jeune Afrique Media Group declines all responsibility for any breach of any of its contractual obligations in the event of force majeure or fortuitous circumstances such as, but not limited to: disasters, fires, internal or external strikes, internal or external failures or breakdowns, and in general any event not allowing the proper transmission and/or execution of data.

 

VII. Miscellaneous provisions

At the time of subscription, the person declares that he/she has the legal capacity and the powers or authorisations required to validly conclude these general terms and conditions of sale, as well as any other special conditions applicable to the service subscribed. Pursuant to article 1124 of the Civil Code, non-emancipated minors are unable to contract.

Right of withdrawal
The subscriber, who may be qualified as a consumer within the meaning of the laws in force, declares that he accepts that the service is provided and accessible as soon as his order is confirmed and his first connection to the service, which makes his subscription run for the chosen duration. Thus, the subscriber expressly acknowledges that the provision of the service begins, with his agreement, before the expiry of the fourteen-day period provided for in the Consumer Code for exercising the right of withdrawal, and that he cannot claim to benefit from it.
The subscriber acknowledges that, in any event, these provisions do not apply to subscriptions taken out by professionals and companies.

Suspension/cancellation of the subscription
In accordance with the Participation Charter (Appendix 1), Jeune Afrique Media Group reserves the right to suspend and/or terminate the subscription subscribed to by the subscriber, without compensation or right to reimbursement, in the event of the subscriber’s breach of these general conditions, within 15 days of sending a formal notice by registered letter with acknowledgement of receipt (in the case of a valid address provided by the subscriber) or by e-mail with acknowledgement of receipt to the e-mail address entered at the time of subscription, without prejudice to the right of Jeune Afrique Media Group to claim payment of any damages in court for its entire loss.
The subscriber may only transfer all or part of the rights and obligations resulting from his subscription with the prior written agreement of Jeune Afrique Media Group and subject to strict compliance with the conditions stipulated in these general conditions.
Termination does not entail any penalty, but will not give rise to a refund of the current period, monthly or annual, depending on the choice made at the time of subscription.
However, for annual subscriptions, exceptionally and restrictively, the refund during the period will be admissible subject to a legitimate reason. Applications will be reviewed by the subscription department.

To cancel an individual subscription
To cancel an individual subscription for an unlimited period of time: the procedure is indicated online.
It is accessible, in connected mode, on the site in the “My Account” area.
You can cancel your subscription directly from your subscriber area on our website.
Once identified, simply click on[My Account], then click on[My Subscriptions]. Finally, click on the button[Cancel my subscription], located on the insert of your subscription package. Please note that your subscription will end at the end of the pre-paid period.
You will be able to use the same login and password to re-register later and regain access to your Jeune Afrique Media Group account.

Specific features specific to group subscriptions
The main subscriber guarantees the acceptance of and compliance with this contractual framework for each of the beneficiary users, under his full and entire responsibility.
The change of beneficiary user by the main subscriber during the subscription period shall not de facto extend the conditions of use assigned beyond the duration of the subscription period as originally subscribed by the main subscriber.

Intellectual Property
All the content of our websites and applications accessible freely or by subscription, and in particular, but not exclusively: the graphic charter, title, form, site map, texts, logos, trademarks, images and databases accessible or made available, both by free access and by subscription, as well as all the programs and/or technologies provided in connection with the site and, more generally, all or part of the site itself are protected by the provisions of the Intellectual Property Code. The same applies to archives.
The trademarks “Jeune Afrique Media Group” and “The Africa report” as well as the domain names www.jeuneafrique.com, www.jeuneafriquebusinessplus.com, “theafricareport.com” and “www.forumlesheroines.com” are protected names belonging to our Company and may not be used by the subscriber and/or user under any circumstances without the express prior written consent of Jeune Afrique Media Group.
The subscriber undertakes to use the content made available on the digital services only in accordance with the personal consultation right granted to him/her under the terms of his/her subscription.
The contractual framework of our websites and applications does not entail any transfer of intellectual property rights to the users of our websites and applications, for any reason whatsoever.
The subscriber must make lawful and reasonable use of personal access to the information made available to him/her as part of his/her subscription. Any use of the content other than that provided for in the subscription is strictly prohibited and may constitute an infringement, giving rise to legal action by Jeune Afrique Media Group for the offender(s).
The information and content consulted and used in the context of the use of Jeune Afrique Media Group’s services and strictly intended for subscribers may under no circumstances be disclosed or used for any other purpose. The offender will be held liable for any unauthorized use of this information, which may occur on his or her part or from his or her account.

 

VIII. Applicable laws & jurisdictions

The parties agree that this contract is subject to French law. The language of this contract is the French language. Any dispute concerning the validity, interpretation or execution of this contract shall, in the absence of amicable resolution, fall under the exclusive jurisdiction of the French courts of the place where Jeune Afrique Media Group has its registered office.

Terms of Use of Jeune Afrique Media Group websites and applications
By accessing Jeune Afrique Media Group’s websites and applications to consult or use our services, you acknowledge that you comply with the laws in force, particularly in France, and the following conditions of use:

Article 1. Intellectual property rights
All the content of our Internet sites and Applications and in particular, but not exclusively, the graphic charter, title, form, site and application map, texts, logos, trademarks, images and databases accessible or made available, both free of charge and on subscription, as well as all the programs and/or technologies provided in connection with the sites and applications and, more generally, all or part of the sites and applications themselves are protected by the provisions of the Intellectual Property Code.
In particular, trademarks and domain names are protected names belonging to our Company and may not be used by you under any circumstances without our express prior written consent.
These terms and conditions do not transfer any intellectual property rights to users of our websites or Applications for any reason whatsoever.
Any user of the websites or applications, whether or not a subscriber, undertakes to use the content made available only for lawful purposes, in accordance with the legislation in force and in compliance with the general conditions and these conditions of use.
The violation of these mandatory provisions subjects the offender, and any person responsible, to the criminal and civil penalties provided for by the laws in force, particularly in France.

Article 2. Limitation of liability
You acknowledge and agree that, as a user, you use our websites and applications as they stand, at your own risk. All the content we publish is provided for information purposes only.
In any event, we cannot be held liable for any damage, direct or indirect, that may result from errors, omissions and/or delays in the transmission and publication of the information made available on our websites and applications, whether freely or by subscription.

Article 3. – Exercise of the right to reply
In accordance with the texts in force, you have a right of reply, which you can exercise by sending your request by registered letter with acknowledgement of receipt or by any other means guaranteeing the identity of the applicant and providing proof of receipt of the request.
These requests may only concern content published on Jeune Afrique Media group’s websites and applications, in accordance with the texts in force, and must comply with the procedures provided for in Articles 2 to 5 of Decree No. 2007-1527 of 24 October 2007 on the right of reply applicable to online public communication services and taken for the application of Article 6(IV) of Act No. 2004-575 of 21 June 2004 on trust in the digital economy.

Article 4. Changes to the Terms of Use of the site
These general terms and conditions for the use of the applicable sites and applications are those in effect when you connect to and use our websites and applications, which you declare that you have read on our websites or applications and that you undertake to comply with them without restriction or reservation.

The conditions of use of the site are subject to modification or evolution, in particular in order to take into account any jurisprudential, legal or technical evolution. The changes will take effect on the day they are published on our websites and applications.