Acceptance of Terms and Conditions for Merchant
“Afro Deals” provides an interactive online service operated by Afro Tourism(herein referred to as “Afro Deals”) on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities provided by Afro Deals, affiliates of Afro Deal and other third parties.
2:1 About the Site
The Site is a platform through which certain Merchants sell vouchers for goods and services to the end users referred to as “Customers”. Merchants are the sellers and issuers of the Merchant Deals and are SOLELY responsible to you for the care, quality, and delivery of the goods and services provided.
3.Use of the Site
Minors under the age of 18 may not use the Website. We do not collect or maintain information from anyone known to be under the age of 18, and no part of the Website is designed to attract anyone under the age of 18. Continuous use of the Afro Deals.com confirms that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardians.
a. This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity.
b. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Afro Deals, and Afro Deals shall not be responsible for any data lost while transmitting information on the Internet.
c. While it is Afro Deals objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Afro Deals, access to the Site may be interrupted, suspended or terminated from time to time.
d. Afro Deals shall have the right at any time to change or discontinue any aspect or feature of Afro Deals, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Afro Deals may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speed or other signal characteristics.
5. End User’s Account
a. The End user shall be responsible for protecting the confidentiality of End User’s password(s), if any and maintaining the security of your account and maintaining settings that reflect your preferences.
b. Afro Deals shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. We will assume that anyone using the Site or transacting through your account is you. You are SOLELY responsible for any activity that occurs under your account.
6. Modified Terms
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Afro Deals shall not be liable for any damages to the End User’s equipment resulting from the use of this Site
8. Price & Payment Process:
a. Prices shall be inclusive of Value Added Tax (VAT) and other applicable taxes and charges.
b. Where there is a need to change the price of the deal(s) in response to changes in government policy, law(s) or for other reasons, the merchant shall agree to effect this in writing and the Company shall effect the change in the prices of the deal(s) promoted on the website within 14 working days of the agreement.
c. The Company shall receive an amount equal to 10% on the gross commission of every deal(s) sold through the Company’s website pursuant to this Agreement.
d. The Company shall be entitled to receive payments for the deal(s) directly from Purchasers and remit the total amount less the agreed 10% commission to the Merchant within 5 working days of the receipt of the payments.
e. The Merchant shall provide a promotional code to the Company for traceability of deals sold through the Company’s website, even when redirected to the Merchant’s website.
f. The Company shall not be responsible for any tax, charges, fees and/or penalties or any other cost /fee that may arise as being due from the Merchant as a result of this Agreement.
9. Deals & Duration
a. ALL PACKAGES MUST BE DEALS ONLY!
b. PACKAGES MUST BE SPECIAL DEALS FOUND ONLY ON AFRO DEALS AND NOWHERE ELSE.
c. Deals are promoted at a minimum of 10 days and a Maximum 90 days
10. Copyright and Trademarks
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Afro Deals does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material(s) toany public area of this Site, End User warrants that the owner of such material has expressly granted Afro Deals the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. Where End User uploads, posts or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner he shall be solely liable to such owner and shall also be liable to indemnify Afro Deals for any claims or cost that may be incurred from the infringement.
The foregoing provisions of Section 7 apply equally to and are for the benefit of Afro Deals, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
11. INFRINGEMENT OF PROPRIETARY RIGHTS
If End User or any user of this site believes its copyright, trademark or other proprietary rights have been infringed by contents on the Site, End User or other user should send notification to Afro Deals Designated Agent (as identified below) immediately. To be effective, the notification must include: Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed). Identify the material that you claim is infringing the copyrighted work. Provide information reasonably sufficient to permit us to contact you (email address is preferred). Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.” Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Sign the paper. Send the written communication to the following Designated Agent for Claimed Infringement: Contact: Afro Deals Support Team Email Address: [email protected] You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the Nigerian Copyright Office for adjudication.
12. Disclaimer of Warranty; Limitation of Liability
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER AFRO DEALS, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II)THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT AFRO DEALS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER. IN NO EVENT SHALL AFRO DEALS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY CLAIMS OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE.
END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENTS ON THIS SITE AND THE MICROSITES. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER AFRO DEALS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION TO LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. AFRO DEALS IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES.
ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY AFRO DEALS. MOREOVER, AFRO DEALS RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, AFRO DEALS, DEEMS UNSUITABLE.
Afro Deals shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Afro Deals, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Afro Deals shall have the right to remove any material that Afro Deals, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You hereby indemnify Afro Deals and undertake to keep Afro Deals indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Afro Deals to a third party in settlement of a claim or dispute on the advice of Afro Deals legal advisers) incurred or suffered by Afro Deals arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
16. Breaches of these terms and conditions
Without prejudice to Afro Deals other rights under these terms and conditions, if you breach these terms and conditions in any way, Afro Deals may take such action as Afro Deals deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blockingcomputers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Afro Deals may terminate this Agreement at any time. Without limiting the foregoing, Afro Deals shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Afro Deals, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 4, 6,10,13,14,15 will survive termination of this Agreement.
Afro Deals may transfer, sub-contract or otherwise deal with Afro Deals rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
20. Entire agreement
These terms and conditions constitute the entire agreement between you and Afro Deals in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.21. Trademarks Unless otherwise indicated, all trademarks appearing on Afro Deals are the property of their respective owners.
22. Third Party Content
Afro Deals, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Afro Deals has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Afro Deals. Neither Afro Deals nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Afro Deals. Afro Deals neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Afro Deals by anyone other than authorized Afro Deals employee spokespersons while acting in official capacities.
Under no circumstances will Afro Deals be liable for any loss or damage caused by an end user’s reliance on information obtained through Afro Deals. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Afro Deals. Afro Deals contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Afro Deals of the contents on such third-party sites and Afro Deals hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with Afro Deals expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Afro Deals reserves the right to revoke its consent to any link at any time in its sole discretion.
23. Law and jurisdiction
These Terms are governed by and will be construed in accordance with the laws of the Federal Republic of
Nigeria and you submit to the exclusive jurisdiction of the courts of Nigeria.
Afro Deals is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Website is correct, complete, and up-to-date.
Although the Afro Deals Website may include links providing direct access to other Internet resources, including Websites, Afro Deals is not responsible for the accuracy or content of information contained in these sites. Links from Afro Deals to third-party sites do not constitute an endorsement by Afro Deals of the parties or their products and services.
This Agreement and any operating rules for Afro Deals established by Afro Deals constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside those where we maintain a legal entity, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
The Merchant, not Afro Deals, is the seller of the goods and services and is solely responsible for redeeming any Deal purchased. Afro Deals sells a voucher that can be redeemed in connection with purchase of the goods or services from Merchant.