Welcome to the Diakite Group of Companies ("Diakite Group of Companies," "we," "us," or "our"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Client," "you," or "your") and the Diakite Group of Companies governing your access to and use of our websites, services, facilities, and business relationships.
The Diakite Group of Companies is a diversified industrial conglomerate operating across six strategic sectors—Mining & Mining Equipment, Oil & Gas, Civil Engineering & Real Estate, Agribusiness, Transport, and Hospitality—with operational presence in five West African countries: Nigeria, Mali, Côte d'Ivoire, Benin, and Togo.
These Terms apply to all entities within the Diakite Group of Companies, including:
- Diakite Enterprises Limited and its country-specific subsidiaries
- Diakite Autos Limited (Vehicle sales and fleet management)
- Diakite Hotels & Suites Limited (Hospitality services)
- Air Diakite Limited (Aviation and logistics services)
- Diakite Group Limited (Strategic investments and venture capital)
By accessing our websites, engaging our services, entering into business relationships, or otherwise interacting with the Diakite Group of Companies, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
Acceptance of Terms
Your use of our services constitutes acceptance of these Terms. If you do not agree with any provision of these Terms, you must discontinue use of our services immediately and refrain from engaging in business relationships with the Diakite Group of Companies.
For specific service agreements, these general Terms are supplemented by sector-specific terms and conditions outlined in individual contracts, purchase orders, service agreements, or statements of work. In the event of conflict between these general Terms and specific contractual provisions, the specific contractual terms shall prevail.
Eligibility and Capacity
To engage with the Diakite Group of Companies, you represent and warrant that:
- You are at least 18 years of age or the age of majority in your jurisdiction
- You have the legal capacity and authority to enter into binding agreements
- If representing an organization, you have the authority to bind that organization to these Terms
- You are not prohibited by law from accessing or using our services
- All information you provide is accurate, current, and complete
- You will comply with all applicable laws and regulations in your jurisdiction
The Diakite Group of Companies reserves the right to verify your identity, capacity, and authority at any time and to refuse service to anyone for any lawful reason.
Scope of Services
The Diakite Group of Companies provides comprehensive industrial and commercial services across the following sectors:
Mining & Mining Equipment
Our mining division offers responsible resource extraction and supply chain integrity services, including:
- Exploration, development, and contract mining operations
- Mining equipment procurement, leasing, and maintenance
- Mineral processing, trading, and logistics
- Environmental impact assessments and mine rehabilitation
- Safety and compliance management
- Technical training and capacity building
All mining operations are conducted in accordance with international safety standards, environmental regulations, and ethical sourcing protocols. Clients engaging our mining services must comply with applicable mining codes, licensing requirements, and environmental protection laws in their respective jurisdictions.
Oil & Gas
Our Oil & Gas division manages strategic assets and delivers essential services across the energy value chain:
- Downstream logistics and distribution services
- Storage terminal management and operations
- Fuel trading, bunkering, and supply
- Gas infrastructure development and management
- Asset integrity management and maintenance
- Specialized transport for drilling equipment and materials
All Oil & Gas operations adhere to stringent Health, Safety, and Environment (HSE) protocols and comply with sector-specific regulations including licensing requirements, environmental standards, and international petroleum industry best practices.
Civil Engineering & Real Estate
We design, fund, construct, and manage essential infrastructure and property development projects:
- Highway, bridge, and port facility construction
- Utility network installation and management
- Commercial and residential property development
- Industrial park construction and management
- Project management and EPC (Engineering, Procurement, Construction) services
- Facilities maintenance and property management
All engineering and construction projects comply with building codes, safety regulations, quality standards, and environmental requirements applicable in each operational jurisdiction.
Agribusiness
Our Agribusiness division operates large-scale commercial farming operations utilizing modern agricultural techniques:
- Large-scale farm management and crop production
- Agricultural commodity trading and processing
- Irrigation system design and management
- Input supply services (seeds, fertilizers, equipment)
- Cold chain logistics and storage
- Technical advisory and agronomic consultation
Agricultural operations comply with food safety standards, agricultural regulations, export requirements, and environmental sustainability practices.
Transport
We provide comprehensive multi-modal logistics solutions connecting markets across West Africa:
- Heavy haulage and specialized transport services
- Commercial fleet management and leasing
- Cross-border freight forwarding and customs clearance
- Supply chain optimization and logistics consulting
- Warehousing and inventory management
- Real-time cargo tracking and security
Transport services comply with road safety regulations, customs procedures, ECOWAS protocols for cross-border trade, and international logistics standards.
Hospitality
Through Diakite Hotels & Suites Limited, we operate premium and mid-market hotel properties:
- Hotel accommodation and guest services
- Conference facilities and event hosting
- Corporate serviced apartments
- Premium dining and catering services
- Business center and executive meeting rooms
- Leisure and wellness facilities
Hospitality services adhere to international hotel industry standards, health and safety regulations, and guest protection requirements.
User Obligations and Conduct
When engaging with the Diakite Group of Companies, you agree to:
Accurate Information
Provide accurate, current, and complete information in all business dealings, applications, registrations, and communications. You must promptly update any information that changes to maintain accuracy.
Lawful Use
Use our services only for lawful purposes and in compliance with all applicable laws, regulations, and industry standards. You must not use our services to:
- Violate any local, national, or international law or regulation
- Engage in fraudulent, deceptive, or misleading practices
- Infringe intellectual property rights or proprietary information
- Transmit harmful, offensive, or inappropriate content
- Interfere with the security or integrity of our systems or operations
- Attempt unauthorized access to our facilities, systems, or information
Professional Conduct
Maintain professional standards in all interactions with Diakite Group of Companies personnel, representatives, and facilities. This includes:
- Treating employees, contractors, and partners with respect and dignity
- Complying with facility rules, safety protocols, and security procedures
- Refraining from harassment, discrimination, or abusive behavior
- Respecting confidentiality and non-disclosure obligations
- Honoring appointment schedules and business commitments
Safety and Security
Comply with all health, safety, and security requirements applicable to your engagement with the Diakite Group of Companies, particularly when:
- Visiting operational sites (mining facilities, Oil & Gas installations, construction sites)
- Accessing our facilities, hotels, or properties
- Utilizing our transport services
- Participating in site tours or project inspections
Failure to comply with safety requirements may result in immediate termination of access or services without liability to the Diakite Group of Companies.
Financial Obligations
Honor all payment obligations, credit terms, and financial commitments in accordance with agreed schedules and payment terms. Late payments may incur interest charges and additional fees as specified in individual service agreements.
Intellectual Property Rights
Diakite Group of Companies Ownership
All content, materials, trademarks, service marks, logos, trade names, designs, technologies, processes, and intellectual property displayed on our websites or used in connection with our services are the exclusive property of the Diakite Group of Companies or our licensors. This includes:
- The "DIAKITE" name, logo, and associated marks
- Website content, text, graphics, images, and multimedia
- Technical documentation, methodologies, and processes
- Software, applications, and digital tools
- Marketing materials, presentations, and publications
- Proprietary business information and trade secrets
License and Restrictions
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our websites and materials solely for your authorized business purposes. You may not:
- Reproduce, duplicate, copy, or redistribute our content without written permission
- Modify, adapt, translate, or create derivative works
- Reverse engineer, decompile, or disassemble any software or systems
- Remove, obscure, or alter copyright notices, trademarks, or proprietary markings
- Use our intellectual property for commercial purposes without authorization
- Frame or mirror any portion of our websites without consent
User-Generated Content
If you submit content, feedback, suggestions, or information to the Diakite Group of Companies (through websites, communications, or business interactions), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and display such content for business purposes. You represent that you own or have rights to any content you submit and that it does not violate third-party rights.
Trademarks
"DIAKITE GROUP," "DIAKITE ENTERPRISES," "DIAKITE AUTOS," "DIAKITE HOTELS & SUITES," "AIR DIAKITE," and related marks are registered or common law trademarks of the Diakite Group of Companies. Unauthorized use of these marks is strictly prohibited.
Contractual Relationships and Agreements
Service Agreements
Specific services provided by the Diakite Group of Companies are governed by detailed service agreements, contracts, purchase orders, or statements of work that supplement these general Terms. Such agreements typically address:
- Scope of services and deliverables
- Performance standards and quality metrics
- Pricing, payment terms, and financial arrangements
- Project timelines and milestones
- Warranties, representations, and guarantees
- Indemnification and liability provisions
- Dispute resolution mechanisms
- Governing law and jurisdiction
Quotations and Proposals
Quotations, proposals, and estimates provided by the Diakite Group of Companies are valid for the period specified therein (typically 30-90 days) and are subject to change based on market conditions, material costs, regulatory changes, or project scope modifications. Acceptance of quotations must be in writing to constitute a binding agreement.
Modifications and Amendments
Any modifications, amendments, or variations to service agreements must be documented in writing and signed by authorized representatives of both parties. Oral agreements or informal understandings do not modify contractual terms.
Termination
Either party may terminate service agreements in accordance with termination provisions specified in individual contracts. Termination does not relieve parties of obligations incurred prior to the termination date. Upon termination:
- All outstanding payments become immediately due
- Confidential information must be returned or destroyed
- License rights and access privileges are revoked
- Parties must fulfill any wind-down obligations specified in agreements
Pricing and Payment Terms
Pricing
Prices for services are specified in individual quotations, contracts, or published rate schedules. Unless otherwise stated, prices:
- Are quoted in the currency specified (typically USD, EUR, XOF, or NGN)
- Exclude applicable taxes, duties, levies, and government charges
- Are subject to adjustment for scope changes or unforeseen circumstances
- May include escalation clauses for long-term contracts
- Are based on current market conditions and material costs
Payment Terms
Standard payment terms vary by service sector but typically include:
- Advance payments or deposits for project mobilization
- Progress payments tied to milestone completion
- Net 30-60 days for invoiced services
- Letter of Credit or bank guarantee requirements for large projects
- Retention amounts released upon final acceptance
Late Payment
Late payments are subject to interest charges at the rate specified in service agreements or at the maximum rate permitted by applicable law. The Diakite Group of Companies reserves the right to:
- Suspend services for accounts in arrears
- Require advance payment or revised payment terms
- Engage collection agencies or pursue legal remedies
- Report delinquent accounts to credit bureaus
Taxes and Duties
Clients are responsible for all applicable taxes, duties, customs charges, levies, and government fees associated with services provided. Where the Diakite Group of Companies is required to collect or remit taxes, such amounts will be added to invoices.
Warranties and Representations
Services Warranty
The Diakite Group of Companies warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. For construction and engineering projects, we provide warranties as specified in individual project contracts, typically including:
- Structural integrity warranties (duration varies by project type)
- Equipment and materials warranties (manufacturer warranties passed through)
- Workmanship warranties for construction defects
Equipment and Materials
Equipment and materials supplied by the Diakite Group of Companies are warranted to be free from defects in materials and workmanship for the period specified by manufacturers. We pass through manufacturer warranties but do not extend additional warranties unless explicitly stated.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN WRITTEN AGREEMENTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The Diakite Group of Companies does not warrant that:
- Services will be uninterrupted, error-free, or completely secure
- Results will meet specific expectations or requirements
- Defects will be corrected in any particular timeframe
- Third-party services or materials will perform as expected
Limitation of Liability
Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIAKITE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Excluded Damages
IN NO EVENT SHALL THE DIAKITE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exceptions
The above limitations do not apply to:
- Liability that cannot be excluded by law (death or personal injury caused by negligence)
- Fraud or fraudulent misrepresentation
- Willful misconduct or gross negligence
- Breach of confidentiality obligations
- Infringement of intellectual property rights
Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, wars, civil unrest, government actions, strikes, epidemics, pandemics, infrastructure failures, or other force majeure events. The affected party must provide prompt notice and make reasonable efforts to mitigate impacts.
Indemnification
You agree to indemnify, defend, and hold harmless the Diakite Group of Companies, its affiliates, officers, directors, employees, agents, and partners from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:
- Your breach of these Terms or applicable service agreements
- Your violation of laws, regulations, or third-party rights
- Your negligent or willful misconduct
- Inaccurate or misleading information you provide
- Your use of services in unauthorized or prohibited manner
- Claims by third parties related to your actions or omissions
The Diakite Group of Companies reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.
Confidentiality and Non-Disclosure
Confidential Information
In the course of business relationships, parties may exchange confidential information including trade secrets, proprietary data, business strategies, financial information, technical data, customer lists, and other non-public information.
Obligations
Receiving parties agree to:
- Maintain confidentiality using the same degree of care used for their own confidential information
- Use confidential information only for authorized business purposes
- Limit disclosure to personnel with legitimate need to know
- Refrain from reverse engineering or exploiting confidential information
- Return or destroy confidential information upon request or termination
Exceptions
Confidentiality obligations do not apply to information that:
- Is publicly available through no breach of confidentiality
- Was independently developed without use of confidential information
- Was rightfully obtained from third parties without restrictions
- Must be disclosed pursuant to legal requirements (with prompt notice to disclosing party)
Duration
Confidentiality obligations survive termination of business relationships and continue for the period specified in agreements (typically 3-5 years) or indefinitely for trade secrets.
Anti-Corruption and Ethical Standards
The Diakite Group of Companies maintains a zero-tolerance policy for corruption, bribery, and unethical business practices. You agree to:
Compliance
- Comply with all applicable anti-corruption laws including the UK Bribery Act, US Foreign Corrupt Practices Act, and local anti-corruption legislation
- Refrain from offering, promising, or providing bribes, kickbacks, or improper payments
- Maintain accurate books, records, and accounting practices
- Implement reasonable controls to prevent corruption
- Cooperate with anti-corruption investigations
Prohibited Conduct
You must not:
- Make facilitation payments to government officials
- Provide gifts, entertainment, or hospitality intended to improperly influence decisions
- Engage in conflicts of interest without disclosure
- Falsify documents or make misleading statements
- Launder money or finance illegal activities
- Violate trade sanctions or embargo restrictions
Reporting
Suspected violations must be reported immediately through appropriate channels. The Diakite Group of Companies protects whistleblowers from retaliation and maintains confidential reporting mechanisms.
Health, Safety, and Environmental Compliance
The Diakite Group of Companies is committed to maintaining the highest standards of health, safety, and environmental protection. When engaging our services or accessing our facilities, you must:
Safety Compliance
- Follow all safety protocols, procedures, and instructions
- Use required personal protective equipment (PPE)
- Attend mandatory safety briefings and training
- Report hazards, incidents, and near-misses immediately
- Comply with emergency response procedures
Environmental Responsibility
- Minimize environmental impact in all activities
- Properly manage waste, emissions, and discharges
- Conserve resources and energy
- Support rehabilitation and restoration efforts
- Comply with environmental regulations and permits
High-Risk Operations
Special requirements apply to high-risk sectors including Mining and Oil & Gas operations. Failure to comply with HSE requirements may result in immediate removal from sites and termination of services.
Data Protection and Privacy
Your personal information is processed in accordance with our Privacy Policy. By engaging our services, you consent to data collection, processing, and transfer as described in the Privacy Policy. You agree to:
- Provide accurate personal information
- Comply with data protection laws when providing third-party data
- Respect confidentiality of information accessed through our services
- Report data breaches or security incidents promptly
Dispute Resolution
Negotiation
Parties agree to first attempt to resolve disputes through good faith negotiation between senior management representatives within thirty (30) days of written notice.
Mediation
If negotiation fails, parties agree to submit disputes to mediation administered by a mutually agreed mediator or mediation center before pursuing litigation or arbitration.
Arbitration
For disputes not resolved through negotiation or mediation, parties may agree to binding arbitration in accordance with arbitration rules applicable in the relevant jurisdiction. Arbitration proceedings shall be conducted in English or French as appropriate.
Jurisdiction and Governing Law
These Terms and service agreements are governed by the laws of the jurisdiction specified in individual contracts. For general matters:
- Nigeria operations: Laws of the Federal Republic of Nigeria
- OHADA countries (Mali, Côte d'Ivoire, Benin, Togo): OHADA framework and national laws
- International disputes: International Chamber of Commerce (ICC) rules
Parties consent to the exclusive jurisdiction of courts in the specified jurisdiction, except where arbitration has been agreed.
General Provisions
Entire Agreement
These Terms, together with specific service agreements and our Privacy Policy, constitute the entire agreement between parties and supersede all prior understandings, representations, or agreements.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions continue in full force and effect. Unenforceable provisions shall be modified to the minimum extent necessary to make them enforceable.
Waiver
Failure to enforce any provision does not constitute waiver of that provision or any other provision. Waivers must be in writing to be effective.
Assignment
You may not assign or transfer your rights or obligations under these Terms without prior written consent of the Diakite Group of Companies. We may assign our rights and obligations to affiliates or successors in connection with corporate transactions.
Notices
All notices must be in writing and delivered to addresses specified in service agreements. Notices are effective upon receipt.
Independent Contractors
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship. Parties are independent contractors.
Survival
Provisions concerning intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution survive termination of these Terms.
Modifications to Terms
The Diakite Group of Companies reserves the right to modify these Terms at any time. Changes become effective upon posting to our website or delivery of written notice. Continued use of services after changes constitutes acceptance of modified Terms. We encourage periodic review of these Terms.
Contact Information
For questions, concerns, or notices regarding these Terms:
Click here to Contact Us
Acknowledgment
BY ACCESSING OUR SERVICES OR ENTERING INTO BUSINESS RELATIONSHIPS WITH THE DIAKITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY