WELCOME

These Privacy policy & Terms of Service constitute a legal agreement between you, as a user of our investment platform, https://partner.impactdeals.capital (Herein referred to as “Platform”) and a user of any of the Websites, Portals or Platforms owned or managed by ImpactDev Africa , and any related, affiliated or associated company, including the websites https://.impactdeals.capital/ and any other website hosting https://partner.impactdeals.capital (Herein referred to as “Platform” that is accessible with or without a username and password, including but not limited to text, content, photographs, video, audio, graphics and services (collectively, this “Site” or “Sites”).

The Site is comprised of various web pages operated by ImpactDev Africa (“ImpactDev”). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://partner.impactdeals.capital/ constitutes your agreement to all such Terms

These Terms of Service & privacy policy set out the general terms governing your use of the Platform. They apply to you as you first use the Platform and you are deemed to have agreed to be bound by them upon your first use of the Platform. If you do not wish to continue to be bound by these Terms of Service, please stop using the Platform.

Please note that ImpactDev platform aims to facilitate information sharing and acts as a directory for capital seekers and investors and is not and does not function as an agent, banker, broker, escrow agent, capital markets intermediary or moneylender under any circumstances and is not involved in any way in the actual provision (or procuring) of any donation(s), fund(s), investment(s), loan(s) and/or service(s)

Registration: In registering on the Platform, you may be asked to create a username and password or security code, along with providing other registration information .You are responsible for the accuracy of the data and for maintaining the security of your password or security code. You warrant to us that all information provided to us in the course of the registration process is true and accurate in all respects and you will update us at info@impactdeals.capital as soon as reasonably practicable if any of the information you provide to us changes.

You are responsible for all information and activity on the Platform by anyone using your username and password. Any breach of security, loss, theft or unauthorised use of an email address, username or password must be notified to us immediately. We reserve the right not to act on your instructions where we suspect that the person logged into your account is not you or we suspect illegal or fraudulent activity or unauthorised use.

In addition to these Terms of Service, our Privacy policy applies to you and everyone else who uses the Platform. We refer to the Terms of Service and the Privacy policy as the "Platform Agreements". During the course of your use of the Platform, you may choose to agree to be bound by certain other agreements such as Investment Agreement. The Platform Agreements will continue to apply to you even after you have agreed to any other agreement.

Investment Opportunities The ImpactDev team links deals and companies to financiers. It targets impact enterprises from sub-Saharan Africa. Our team provides advisory support in the areas of investment strategy, business case structuring, and accessing finance coupled with other essential and valuable advice and guidance based upon the team’s decades-worth of combined expertise. We work through independent experts with extensive experience in both developing and getting projects funded.ImpactDev does not provide investment advice, financial advice or engage investors beyond startup introductions, nor does it take responsibility for, nor guarantee against losses, nor promise success. We aim to give the best guidance we can, given transparency and under conditions of uncertainty. The information is provided for the purpose of facilitating information-sharing about Capital Seekers and Opportunities and accordingly for information-sharing purposes only. No information shall be regarded as advice, or an endorsement, invitation, offer, recommendation or solicitation to offer or enter into any agreement or contract. No information constitutes or can be construed to constitute legal, tax, investment, business, strategic or other advice.

Platform use: By accepting these Terms of Service & privacy policy you agree that you will not: Use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms of Service or act fraudulently or maliciously, for example, by using another User's account, or by hacking into or inserting malicious code, including Viruses, or harmful data, into the Platform; Transmit any material that is defamatory, offensive or otherwise objectionable; Use the Platform in a way that could damage, disable, overburden, impair or compromise the security of the Platform or interfere with other users; Attempt to decipher any transmissions to or from the servers running the Platform; Perform any security testing of the Platform either manually or utilising any automated system; Copy any of the code within the Platform nor any concepts in the Content or Documents; Rent, lease, sub-license, loan, distribute, disclose, or otherwise commercially exploit the Platform or otherwise make it available in whole or in part to any third party; Make alterations to, or modifications of, the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other programs, unless such alterations or modifications are carried out or approved, overseen and managed by us; or Disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing.

In case a person is accessing the Services on behalf of a User who is a juristic person (“Authorized Representative”), the Authorized Representative represents to the Company that he has the necessary authorization to act on behalf of such User and to bind the User to this Agreement. The Authorized Representative agrees that upon accessing the Services, the terms of this Agreement shall be applicable to him, to the same extent as they would apply to the User. The Authorized Representative shall maintain confidentiality of all activities undertaken by such Authorized Representative on behalf of the User. The Company shall presume that all activities of the Authorized Representative on behalf of the User have been authorized and ratified by the User. In case the User initiates any legal proceedings against the Company due to any act or omission of the Authorized Representative, the Authorized Representative agrees to indemnify the Company, its officers, directors, employees and affiliates against any expenses, loss or damage that may accrue to the Company. ImpactDev is not and cannot be held responsible and/or liable for the information or material uploaded onto, published and maintained on the Platform and/or any loss arising from your or any Subscriber or other person’s access, use and/or reliance on the Platform or the information.

Service Fee: Upon consummation of a Transaction, in lieu of Services provided by ImpactDev Africa, such amount of service fee as may be agreed by the Company in a separate written agreement on a case by case basis ("Commission") plus such amount of service tax per transaction as may be applicable shall become due and payable by the User to the Company. For avoidance of any doubt, it is hereby clarified that in the event a Registered User shows interest in a Transaction, such Registered User shall be liable to pay the Service Fee to the Company as required herein, if such Transaction is consummated anytime within 12 (twelve) months from the date of such interest, through Services or otherwise. In lieu of services provided by third parties,for serviced offered through the Website/ platform, relevant amount of Costs plus Service Tax shall be payable by the User to the Company, in advance of rendition of the Services.

 Intellectual Property The Platform may include at any given time text, graphics, logos, icons, images, sound clips, video clips and data compilations, and together with the Platform's page layout, underlying code and software we refer to all of these as "Content".All of the Content is the property of ImpactDev Africa, their affiliates or third parties with whom they undertake business with. As a user, you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Platform unless otherwise indicated on the Platform or unless given express written permission to do so by ImpactDev Africa. For the avoidance of doubt, data mining or scraping the Platform which may include redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, in full or in part, available to third parties without the express written permission of ImpactDev Africa is not permitted. Users will not circumvent or disable any digital rights management, usage rules, or other security features of the Website; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Website; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services. Users will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Services, in full or in part, available to third parties unless allowed to do so by the Company in writing

Disclaimers: You need to be aware that: We make no warranty or representation (express or implied) that the Platform will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate; We make no guarantee of any specific results from the use of the Platform; The Platform is provided "as is" and on an "as available" basis, and we give no warranty that it will be free of defects and / or faults;To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from your use of the Platform or any information contained in it, and you use the Platform and its Content at your own risk. Users should be aware that they use the Platform and its Content at their own risk.

The information contained in the platform and websites and portals is intended solely for the recipient and may not be further distributed by the recipient to any third party. Information is provided on an “as is” basis. The user assumes the entire risk of any use made of this information.ImpactDev Africa, its affiliates and any third party involved in, or related to, computing or compiling the information hereby expressly disclaim all warranties of originality, accuracy, completeness, merchantability or fitness for a particular purpose with respect to any of this information. Without limiting any of the foregoing, in no event shall Capital Africa Limited, any of its affiliates or any third party involved in, or related to, computing or compiling the information have any liability for any damages of any kind. ImpactDev Africa accepts no liability whatsoever for the actions of third parties.

This Platform may contain links to other websites. Unless we expressly say otherwise, you should assume that these other websites are not under our control. We assume no responsibility for the content of such websites, and we disclaim liability for any and all forms of loss or damage arising out of the use of them. Additionally, even if we include a link to another website on this Platform, that does not mean that we endorse that other website or in any way recommend that you should use it.

Law Enforcement Related DisclosureWe may share your Personal Data with third parties: (i) if we believe in good faith that disclosure is appropriate to protect our or a third party’s rights, property or safety (including the enforcement this Privacy Policy); (ii) when required by law, regulation subpoena, court order or other law enforcement related issues, agencies and/or authorities; or (iii) as is necessary to comply with any legal and/or regulatory obligation.

Cookies: When you visit the Site, we may send one or more “cookies” – small data files – to your computer to uniquely identify your browser and let Capital Africa Limited help you log in faster and enhance your navigation through the Site. A persistent cookie remains on your computer after you close your browser so that it can be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser.You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent

Revisions: From time to time we may update these Terms of Service to take account of changes in the law or for any other reason. If we update these Terms of Service, we will post a new version on the Platform, and as soon as you use the Platform after they are posted, you will be deemed to have agreed to the updated version, but you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict between two versions of the Terms of Service to which you have agreed or been deemed to agree, the more recent version shall take precedence unless it is expressly stated otherwise.

While some parts of the Services are available to Users free of cost, certain parts of Services may be provided to the Users at a cost. The Company reserves the right to amend these Terms and impose a cost on free parts of Services in future. The Company will use its reasonable efforts to give Users a prior intimation as and when any part of free Service becomes a paid Service. If, after being so intimated, any User access paid parts of Services, cost for such paid Services shall become due and payable by such User to the Company and the Company shall have the right to recover the cost for provision of such paid Service to the User, from the User.

Subject to applicable law, the Company may stop provision of Services (or any part of Services), permanently or temporarily, to a User or to Users generally or may modify or change the nature of Services and/or these Terms at its sole discretion, without any prior notice to the Users. Use of Services by a Person following any such modification constitutes such Person’s deemed acceptance to be bound by this Agreement (or as it may be modified).

.Termination : You can terminate your registration at any time by notifying us at info@impactdeals.capital. We will suspend or terminate your registration and your ability to use the Platform if: you breach these terms and conditions in any material respect; we suspect that you have committed fraud, been involved in money laundering or other illegal activities; and you use the Platform in any way that (i) causes, or is likely to cause, the Platform or access to it to be interrupted or damaged in any way; (ii) for fraudulent purposes or in connection with a criminal offence; (iii) to send, use or reuse material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing or any spam.

Confidentiality: You agree to keep confidential and not to disclose to any third party any information made available to you via the platform that is identified as being confidential or which a reasonable person would deem to be confidential under the circumstances ("Confidential Information").

This obligation shall not apply to any Confidential Information where you can demonstrate that the Confidential Information concerned: is or becomes publicly known through no breach of this clause; is lawfully received from an independent third party which was not, to your knowledge, under an obligation not to disclose such information; is already known to you with no obligation of confidentiality at the date it was disclosed by or obtained from the disclosing party; must be disclosed to comply with all relevant laws or regulations.

Law & Jurisdiction : These Terms of Service, and the relationship between you and us created by it, shall be governed by and construed in accordance with the laws of Kenya. You agree to submit to the exclusive jurisdiction of the High court of Kenya. 

Privacy policy 

ImpactDev Africa ( ImpactDev) collects personal identification information (primarily name, email address, phone numbers and LinkedIn accounts) in the course of its business. It collects data and processes data as it researches companies that may be interested in its services. It also collects data as it is approached by companies interested in its services. ImpactDev may also receive data from other sources such as introducers and interested third parties. ImpactDev collects data so that it can contact companies with details of its product and process companies that are interested in working with ImpactDev either in the near term or the long term. It also collects data in the ordinary course of its business.

ImpactDev securely stores all data online in a dedicated file area to which only appropriate officers and advisers have access. ImpactDev keeps your data for up to five years. Once this time period has expired, it will delete your data. ImpactDev would like to send relevant companies information about its services. If parties have agreed to receive marketing information, they may always opt out at a later date. They have the right at any time to stop ImpactDev from contacting them for marketing purposes. If a party no longer wishes to be contacted for marketing purposes, they should email info@impactdeals.capital. 

 ImpactDev would like to make sure all parties are fully aware of all of their data protection rights. These are as below. The right to access – You have the right to request ImpactDev for copies of your personal data. The right to rectification – You have the right to request that ImpactDev corrects any information you believe is inaccurate. You also have the right to request ImpactDev to complete the information you believe is incomplete. The right to erasure – You have the right to request that ImpactDev erases your personal data, under certain conditions. The right to restrict processing – You have the right to request that ImpactDev restricts the processing of your personal data, under certain conditions. The right to object to processing – You have the right to object to ImpactDev processing of your personal data, under certain conditions. The right to data portability – You have the right to request that ImpactDev transfers the data that we have collected to another organization, or directly to you, under certain conditions. If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact info@impactdeals.capital 

ImpactDev keeps its privacy policy under regular review and places any updates on this web page..If you have any questions or concerns about our Terms of service or Privacy Policy, please contact the Data Controller for ImpactDev Africa via the email box info@impactdeals.capital

These Terms and Conditions & privacy policy were last revised in March 2022