Play Africa Media Services Terms and Conditions
These terms and conditions create a contract between you and Play Africa (the “Agreement”).
Please read the Agreement carefully. To confirm your understanding and acceptance of the
Agreement, click “Agree.”
A. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of Play Africa’s services (“Services”), through which you can
subscribe to media, apps (“Apps”), and other in-app services (“Content”). Our Services are: Play
Africa music Player, Play Africa Music, and Play Africa News. Our Services are available for your
use in your country of residence (“Home Country”). To use our Services, you need compatible
hardware, software (latest version recommended and sometimes required) and Internet access
(fees may apply). Our Services’ performance may be affected by these factors.
B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to
as a “Transaction.” Each Transaction is an electronic contract between you and Play Africa, and/or
you and the entity providing the Content on our Services. However, if you are a customer of
Play Africa and you acquire an App, Play Africa is the merchant of record; this means that you
acquire the Content from Play Africa Distribution International, and it is licensed by the App
Provider (as defined below). When you make your first Transaction, we will ask you to choose
how frequently we should ask for your password for future Transactions. Play Africa will charge
your payment method (such as your Mobile money, credit card, debit card, gift card/code, or
other method available in your Home Country) for any paid Transactions, including any applicable
taxes. If you pre-order Content, you will be charged when the Content is delivered to you (unless
you cancel prior to the Content’s availability). In accordance with local law, Play Africa may update
information regarding your payment method if provided such information by your financial
institution. All Transactions are final. Content prices may change at any time. If technical problems
prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either
replacement of the Content or refund of the price paid, as determined by Play Africa. From time
to time, Play Africa may refuse a refund request if we find evidence of fraud, refund abuse, or
other manipulative behavior that entitles Play Africa to a corresponding counterclaim.
PLAY AFRICA ID
Using our Services and accessing your Content requires a Play Africa ID. A Play Africa ID is the
account you use across Play Africa’s ecosystem. Your Play Africa ID is valuable, and you are
responsible for maintaining its confidentiality and security. Play Africa is not responsible for any
losses arising from the unauthorized use of your Play Africa ID. Please contact Play Africa if you
suspect that your Play Africa ID has been compromised.
You must be age 13 (or equivalent minimum age in your Home Country, as set forth in the
registration process) to create a Play Africa ID and use our Services. Play Africa IDs for persons
under this age can be created by a parent or legal guardian using Family Sharing or by an approved
SERVICES AND CONTENT USAGE RULES
Your use of the Services and Content must follow the rules set forth in this section (“Usage
Rules”). Any other use of the Services and Content is a material breach of this Agreement. Play
Africa may monitor your use of the Services and Content to ensure that you are following these
- - You may use the Services and Content only for personal, noncommercial purposes
- - Play Africa’s delivery of Content does not transfer any promotional use rights to you, and does
not constitute a grant or waiver of any rights of the copyright owners.
- - You can use Content from up to five different Play Africa IDs on each device.
- - It is your responsibility not to lose, destroy, or damage Content once downloaded. We
encourage you to back up your Content regularly.
- - You may not tamper with or circumvent any security technology included with the Services.
- - You may access our Services only using Play Africa’s software, and may not modify or use
modified versions of such software.
- - You can use Digital Rights Management (DRM)-free Content on a reasonable number of
compatible devices that you own or control. DRM-protected Content can be used on up to five
computers and any number of devices that you sync to from those computers.
Play Africa Content:
- - The term “App” includes apps, Play Africa, in-app purchases, extensions (such as keyboards),
stickers, and subscriptions made available in an app.
- - You can use the Apps on any device that you own or control.
- - Individuals acting on behalf of a commercial enterprise, governmental organization or
educational institution (an “Enterprise”) may download and sync Apps for use by either (i) a single
individual on one or more devices owned or controlled by an Enterprise; or (ii) multiple
individuals on a single shared device owned or controlled by an Enterprise. For the sake of clarity,
each device used serially or collectively by multiple users requires a separate license.
Play Africa Music:
- - You can use an Individual Play Africa Music membership on up to 5 devices (only two of which
can be computers).
- - An Individual Play Africa Music membership allows you to stream on a single device at a time; a
Family membership allows you or your Family members to stream on up to five devices at a time.
You may be able to redownload previously acquired Content (“Redownload”) to your devices
that are signed in with the same Play Africa ID (“Associated Devices”). Content may not be
available for Redownload if that Content is no longer offered on our Services.
Associated Devices Rules: You can have 5 devices (but only a maximum of 2 computers) signed
in with your Play Africa ID at one time. Each computer must also be authorized using the same
Play Africa ID. Devices can be associated with a different Play Africa ID once every 60 days.
The Services and App may allow you to purchase access to Content or services on a subscription
basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage
Subscriptions section of your account settings. We will notify you if the price of a Paid
Subscription increases and, if required, seek your consent to continue. You will be charged no
more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge
your payment method for any reason (such as expiration or insufficient funds), and you have not
cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will
attempt to charge the payment method as you may update your payment method information.
This may result in a change to the start of your next Paid Subscription period and may change
the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial
prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription
before we start charging your payment method, cancel the subscription before the free trial ends.
CONTENT AND SERVICE AVAILABILITY
Terms found in this Agreement that relate to Services, Content types, features or functionality
not available in your Home Country are not applicable to you unless and until they become
available to you.
C. YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit materials such as comments, pictures and podcasts
(including associated metadata and artwork). Your use of such features must comply with the
Submissions Guidelines below, which may be updated from time to time. If you see materials that
do not comply with the Submissions Guidelines, please use the Report a Concern feature. You
hereby grant Play Africa a worldwide, royalty-free, perpetual, nonexclusive license to use the
materials you submit within the Services and related marketing. Play Africa may monitor and
decide to remove or edit any submitted material.
Submissions Guidelines: You may not use the Services to:
- post any materials that you do not have permission, right or license to use;
- post objectionable, offensive, unlawful, deceptive or harmful content;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising,
promotional materials, or informational announcements;
- plan or engage in any illegal, fraudulent, or manipulative activity
D. FAMILY SHARING
The organizer of a Family (“Organizer”) must be 18 years or older and the parent or legal guardian
of any Family member under age 13 or the equivalent minimum age in their Home Country (as
set forth in the registration process). Play Africa services are required for access to all of the
Family Sharing features.
Purchase Sharing: Family Sharing’s Purchase Sharing feature allows you to share eligible Content
with up to five members of a Family. The Organizer invites other members to participate, and
agrees to pay for all Transactions initiated by Family members. The Organizer's payment method
is used to pay for any Transaction initiated by a Family member (except when the Family
member’s account has store credit, which is always used first). Family members are acting as
agents for the Organizer when the Organizer’s payment method is used. The Organizer hereby
agrees (1) to pay for such Transactions, and (2) that Transactions initiated by Family members
are authorized. Organizers are responsible for complying with their payment method contract,
and assume all risk related to sharing access to the payment method with Family members. A
receipt or invoice for any Family Member Transaction is sent to the initiating Family member and
Family Member changes: When a Family member leaves or is removed from the Family, the
remaining Family members may no longer be able to access the former member’s Content,
including Content acquired with the Organizer’s payment method.
Family Sharing Rules: You can only belong to one Family at a time, and may join any Family no
more than twice per year. You can change the Play Africa ID you associate with a Family no more
than once every 90 days. All Family members must share the same Home Country. Not all
Content, including In-App Purchases, subscriptions, and some previously acquired Apps, are
eligible for Purchase Sharing.
E. RECOMMENDATION FEATURES
The Services will recommend Content to you based on your downloads, purchases and other
activities. You may opt out from receiving such recommendations in your account settings.
Some recommendation features may require your permission before they are turned on. If you
turn on these features, you will be asked to give Play Africa permission to collect and store certain
data, including but not limited to data about your device activity, location, and usage. Please
carefully read the information presented when you turn on these features.
F. ADDITIONAL PLAY AFRICA TERMS
APP MAINTENANCE AND SUPPORT
Alicia Global Connect Communication LTD is responsible for providing maintenance and support
for Play Africa Apps only, or as required under applicable law. App Providers are responsible for
providing maintenance and support for Third Party Apps.
I. ADDITIONAL PLAY AFRICA MUSIC TERMS
PLAY AFRICA MUSIC MEMBERSHIP
Play Africa Music is a subscription music service. Your Play Africa Music membership will
automatically renew until you turn off automatic renewal in account settings. See the
“Subscriptions” section for more details. When your Play Africa Music membership ends, you
will lose access to any feature of Play Africa Music that requires a membership, including but not
limited to access to Play Africa Music songs stored on your device, and Play Africa Library. Play
Africa reserves the right to cancel your Play Africa Music membership if we are unable to
successfully charge your payment method to renew your membership.
Where available, you may be offered Play Africa Music membership through your wireless carrier
(a “Carrier Membership”). If you purchase a Carrier Membership, your carrier will bill you for
the cost of your Play Africa Music membership. Your billing relationship with the carrier is
governed by the carrier’s terms and conditions, not this Agreement, and any billing disputes
related to a Carrier Membership must be directed to your carrier, not Play Africa. By using Play
Africa Music, you agree that your carrier may exchange your carrier account information,
telephone number and subscription information with Play Africa, and that Play Africa may use this
information to determine the status of your Carrier Membership.
PLAY AFRICA MUSIC LIBRARY
Play Africa Music Library is a Play Africa Music feature that allows you to access your matched
or uploaded songs and playlists acquired from Play Africa Music. Play Africa Music Library is
turned on automatically when you set up your Play Africa Music membership. Play Africa Music
Library collects information about your Play Africa Music Library Content. This information is
associated with your Play Africa ID, and compared to Play Africa Music Library Content currently
available on Play Africa Music. You can upload up to 100,000 songs. Songs that do not meet
certain criteria (for example, excessively large files) or that are not authorized for your device
are not eligible for Play Africa Music Library. You agree to use Play Africa Music Library only for
lawfully acquired content.
J. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
DEFINITION OF PLAY AFRICA
Depending on your Home Country, “Play Africa” means:
Play Africa Inc., located at 5th Mukose Link, North Kaneshie, Accra Ghana
for users in Africa, as well as United States territories and possessions; Europe, South America,
and the Caribbean, Asia and Australia.
Alicia Global Connect Communication LTD reserves the right at any time to modify this
Agreement and to add new or additional terms or conditions on your use of the Services. Such
modifications and additional terms and conditions will be effective immediately and incorporated
into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
Play Africa is not responsible or liable for third party materials included within or linked from the
Content or the Services.
You agree that the Services, including but not limited to Content, graphics, user interface, audio
clips, editorial content, and the scripts and software used to implement the Services, contain
proprietary information and material that is owned by Alicia Global Connect Communication
LTD and/or its licensors, and is protected by applicable intellectual property and other laws,
including but not limited to copyright. You agree that you will not use such proprietary
information or materials in any way whatsoever except for use of the Services for personal,
noncommercial uses in compliance with this Agreement. No portion of the Services may be
reproduced in any form or by any means, except as expressly permitted by this Agreement. You
agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you
shall not exploit the Services in any manner not expressly authorized.
The Play Africa name, the Play Africa logo, Play Africa Music, and other Play Africa trademarks,
service marks, graphics, and logos used in connection with the Services are trademarks or
registered trademarks of Play Africa in Ghana and other countries throughout the world. You
are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any Content available through the Services infringe a copyright claimed by you,
please contact Play Africa at the following locations:
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or Play Africa suspects that you have failed, to comply with any of the provisions of
this Agreement, Play Africa may, without notice to you: (i) terminate this Agreement and/or your
Play Africa ID, and you will remain liable for all amounts due under your Play Africa ID up to and
including the date of termination; and/or (ii) terminate your license to the software; and/or (iii)
preclude your access to the Services.
Play Africa further reserves the right to modify, suspend, or discontinue the Services (or any part
or Content thereof) at any time with or without notice to you, and Play Africa will not be liable
to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PLAY AFRICA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT
FROM TIME TO TIME PLAY AFRICA MAY REMOVE THE SERVICES FOR INDEFINITE
PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR
DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT
YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH
THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY PLAY AFRICA) PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL PLAY AFRICA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES,
AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM
YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY
WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF
ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR
JURISDICTIONS, PLAY AFRICA'S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH
LIMITATION IS PERMITTED BY LAW.
PLAY AFRICA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION
SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT
YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY
RELEASE PLAY AFRICA FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR
LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
PLAY AFRICA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE
FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR
OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE PLAY AFRICA FROM ANY
LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR
OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
PLAY AFRICA IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.
WAIVER AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO
INDEMNIFY AND HOLD PLAY AFRICA, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO
ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE
SERVICES, OR ANY ACTION TAKEN BY PLAY AFRICA AS PART OF ITS INVESTIGATION
OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING
OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE
THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM PLAY AFRICA, ITS
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND
LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY
INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR
ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE
INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PLAY AFRICA'S
CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS
WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR
CONTEMPLATED BY THIS AGREEMENT.
STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS
If you are a qualified public educational or government institution and any part of this Agreement,
such as, by way of example, all or part of the indemnification section, is invalid or unenforceable
against you because of applicable local, national, state or federal law, then that portion shall be
deemed invalid or unenforceable, as the case may be, and instead construed in a manner most
consistent with applicable governing law.
Except to the extent expressly provided in the following paragraph, this Agreement and the
relationship between you and Play Africa, and all Transactions on the Services shall be governed
by the laws of the Republic of Ghana, excluding its conflicts of law provisions. You and Play Africa
agree to submit to the personal and exclusive jurisdiction of the courts located within Ghana, to
resolve any dispute or claim arising from this Agreement. If (a) you are not a Ghanaian. citizen;
(b) you do not reside in the Africa.; (c) you are not accessing the Service from the Africa; and (d)
you are a citizen of one of British Commonwealth, you hereby agree that any dispute or claim
arising from this Agreement shall be governed by the applicable law set forth below, without
regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive
jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any United State of America, European Union country or Switzerland,
Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place
Specifically excluded from application to this Agreement is that law known as the United Nations
Convention on the International Sale of Goods.
This Agreement constitutes the entire agreement between you and Play Africa and governs your
use of the Services, superseding any prior agreements with respect to the same subject matter
between you and Play Africa. You also may be subject to additional terms and conditions that
may apply when you use affiliate services, third-party content, third-party software. If any part of
this Agreement is held invalid or unenforceable, that portion shall be construed in a manner
consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect. Play Africa's failure to enforce any
right or provisions in this Agreement will not constitute a waiver of such or any other provision.
Play Africa will not be responsible for failures to fulfill any obligations due to causes beyond its
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and
regulations that apply to your use of the Services. Your use of the Services may also be subject
to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon
electronic transmission to the recipient. No Play Africa employee or agent has the authority to
vary this Agreement.
Play Africa may notify you with respect to the Services by sending an email message to your email
address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices
shall become effective immediately. Play Africa may also contact you by email or push notification
to send you additional information about the Services.
You hereby grant Play Africa the right to take steps. Play Africa believes are reasonably necessary
or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree
that Play Africa has the right, without liability to you, to disclose any data and/or information to
law enforcement authorities, government officials, and/or a third party, as Play Africa believes is
reasonably necessary or appropriate to enforce and/or verify compliance with any part of this
Agreement (including but not limited to Play Africa's right to cooperate with any legal process
relating to your use of the Services and/or Content, and/or a third-party claim that your use of
the Services and/or Content is unlawful and/or infringes such third party's rights).
Children under the age of majority should review this Agreement with their parent or guardian
to ensure that the child and parent or legal guardian understand it.
Last Updated: October 16, 2017