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Terms And Condition
Terms and Conditions
Last updated: March 17 2022
TERMS OF SERVICE
Welcome to www.africer.com these terms of Use describe the terms and conditions applicable to your access and use of the websites, mobile sites, mobile applications, and other portals owned, operated, branded, or made available by Africer LLC.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
OVERVIEW
The Site (www.africer.com) is operated by Africer LLC. Throughout the Site, the terms "we", "us" and "our" refer to Africer LLC. Africer LLC offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, and/or selling something through us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in the United States, or that you are the age of majority in the United States residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The content in our site is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular YOU WILL NOT DELETE OR ALTER ANY PROPRIETARY RIGHTS OR ATTRIBUTION NOTICES IN ANY CONTENT. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Africer LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Africer LLC or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Africer LLC’s www.africer.com Site. The terms "member," "membership," and "account" all refer to this registration as a member on www.africer.com Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique email address and phone number. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. YOU MAY NOT ASSIGN OR OTHERWISE TRANSFER YOUR ACCOUNT TO ANY OTHER PERSON OR ENTITY. You acknowledge that Africer LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Africer LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Africer LLC Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Africer LLC Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Africer LLC.
Furthermore, you herein agree not to make use of Africer LLC's Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) Causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Africer LLC officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
j) interfering with or disrupting any Africer LLC Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the New York Stock Exchange , in addition to any rules of any nation or other securities exchange, that would include any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the Government of the United States as a terrorist organization;
m) "Stalking" or with the intent to otherwise harass another individual; and/or
n) Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Africer LLC herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
Africer LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) Compliance with any legal process;
b) Enforcement of the Terms;
c) Responding to any claim that therein contained content is in violation of the rights of any third party;
d) Responding to requests for customer service; or
e) Protecting the rights, property or the personal safety of Africer LLC, its visitors, users and members, including the general public.
Africer LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Africer LLC or any other content providers supplying content services to Africer LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations set by the Government of the United States or any of its trade entities. Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the laws set by the United States or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Africer LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Africer LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Africer LLC's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Africer LLC's sites, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Africer LLC's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Africer LLC's sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Africer LLC's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Africer LLC's Sites are those areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public and thus available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Africer LLC may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) Your contributions do not contain any type of confidential or proprietary information;
b) Africer LLC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Africer LLC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Africer LLC; and
e) Africer LLC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold Africer LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Africer LLC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Africer LLC's sites.
SECTION 8 - MODIFICATIONS
Africer LLC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of www.africer.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request via email to info@africer.com.
As a member, you agree that Africer LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
b) By way of requests from law enforcement or any other governmental agencies;
c) The discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) Unexpected technical or security issues and/or problems;
e) Any extended periods of inactivity;
f) Any engagement by you in any fraudulent or illegal activities; and/or
g) The nonpayment of any associated fees that may be owed by you in connection with your membership account with our Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with www.africer.com shall include any and/or all the following:
a) The removal of any access to all or part of the Services offered within our sites.
b) The deletion of your password and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) The barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Africer LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Africer LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Africer LLC services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Africer LLCor such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Africer LLC Services (e.g. Content or Software), in whole or part.
Africer LLC hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Africer LLC for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF AFRICER LLCSERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. AFRICER LLCAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) AFRICER LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) AFRICER LLCSERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) AFRICER LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE AFRICER LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OUR SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM AFRICER LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT AFRICER LLCAND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE.
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES.
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA.
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE.
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release Africer LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 - NOTICE
Africer LLC may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Africer LLC trademarks, copyright, trade name, service marks, and other Africer LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Africer LLC. You herein agree not to display and/or use in any manner the Africer LLC logo or marks without obtaining Africer LLC's prior written consent.
Africer LLC will always respect the intellectual property of others, and we ask that all our users do the same. With regards to appropriate circumstances and at its sole discretion, Africer LLC may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest.
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon.
c) A description of the location of the site which you allege has been infringing upon your work.
d) Your physical address, telephone number, and email address.
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law.
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Africer LLC agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Email address: info@africer.com
Subject: Notice of Copyright Violation
Or Via mail:
Mailing Address:
Africer LLC
Attn: Contract and Copyright Agent
5955 Alpha Rd #C706,
Dallas, TX 75240
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Africer LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Africer LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Africer LLC Services, and affiliate Services, third-party content, or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Africer LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the United States of America.
a. Binding Arbitration
You and Africer LLC each agree that in the event a dispute or a claim may arise, between you and Africer LLC (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our websites, we shall attempt to resolve it informally. However, except as provided herein, should negotiations fail to achieve a resolution within thirty days, then we shall attempt to resolve it exclusively through a final and binding arbitration rather than in court. Such enforcement, interpretation and arbitration shall be carried out with accordance to the United States Arbitration Act. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
b. Prohibition of Class and Representative Actions
YOU AND Africer LLC AGREE THAT ALL CLAIMS WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION.
c. Arbitration Procedures:
All disputes must be communicated via
i. Email: info@africer.com
ii. Or Mail: 5955 Alpha Rd #C706, Dallas, TX 75240
A party who intends to seek arbitration MUST first send to the other, BY EMAIL, a valid Notice of Dispute ("Notice"). To be valid, you must have been registered as a member of Africer LLC within the last 6 months and must provide your store name & License number and phone number via your company email address that is in our files. Additionally, the arbitrator may require legal documents like the National Identity card or passport for purposes of records. For the case of Vendors, only a certified company representative may attempt to establish such a procedure via the business email on file and must provide documents with company letterheads watermarks if available. The email must also include a description of the nature and basis of the claims you are asserting, and the specific relief sought.
If you and Africer LLC are unable to resolve the claims described in a valid Notice within 30 days after Africer LLC receives that Notice, you or Africer LLC may initiate arbitration proceedings. The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Where no disclosed claims or counterclaims exceed USD 5000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or Africer LLC representative may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
d. Costs of Arbitration:
Payment of all filing, administration and arbitrator fees will be governed by the United States Arbitration Act unless otherwise stated in this Agreement to Arbitrate.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Africer LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated, and all contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within twelve months after said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please report all violations of this Agreement to Africer LLC via email as follows:
Email address: info@africer.com
Subject: Notice of Contract Violation
Or Via mail:
Attn: Contract and Copyright Officer
Africer LLC
5955 Alpha Rd #C706, Dallas, TX 75240
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated, and administered by Africer LLC from our offices. If you access the Site from a location outside Kenya, you are responsible for compliance with all local laws. You agree that you will not use Africer LLC's content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site should be taken to indicate that all information on the Site or on any related Site has been modified or updated.
SECTION 26 – FORCE MAJEURE
Under no circumstances shall Africer LLC or our vendors or our suppliers be held liable for any delay, non-compliance, failure or disruption of the content or the Services accessed or delivered through our Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, electrical power failures, Internet failures or any other equipment failures, civil disturbances, war, pandemics and acts of God.
SECTION 27 - PRIVACY POLICY
Every member's registration data and other personal information are strictly protected by the Africer LLC Online Privacy Policy (see the full Privacy Policy at www.galaprivacy.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Africer LLC and/or our subsidiaries and affiliates.
SECTION 28 – CANCELLATION POLICY
Order cancellation may attract a cancellation fee depending on what stage the order was in. Please refer to the vendor-specific cancellation policies displayed on the order cancellation section in our site or application.
PART II – SELLER CENTER
TERMINOLOGY OF THE CONTRACT
BUSINESS DAY: Any working day except Saturday, Sunday, or any day which is recognized by the United States Government as a public holiday or any day on which banking institutions are authorized or required by law or other governmental action to close. Typically, from 8:30am to 3:00pm
Section 29: LISTING POLICIES
About Africer LLC
www.africer.com , a platform owned by Africer LLC, is a marketplace that allows users to offer, sell and buy goods and services. Services provided by Africer LLC are limited to referring customers to the Vendor and accepting orders and payments on their behalf. We may also support a range of logistics and marketing services. The actual contract for sale is directly between the seller and buyer. Africer LLC is not a traditional auctioneer. Any sales guidance we provide as part of our services is solely informational and you may decide not to follow it.
Listing Items for Sale:
By listing an item or a service on our site; (a) you warrant that you and all aspects of the item/service comply with Africer LLC’s terms and published policies. You also agree that you may legally sell the item in all locations that you list your item for sale. (b) You warrant Africer LLC perpetual right to use, publish, reproduce, modify translate all contents you provide All items must be accurately described and all terms of your sale in your online shop. (c) You agree to list your shop and items in the appropriate category and tag. If in stock quantity of that item is more than one, all items in the listing must be identical in brand, size, and material.
Pricing:
You as the vendor are solely responsible to price your goods and services appropriately. All Prices must be accurate and will be enforced by Africer LLC once a sale is made. By listing your goods, you assume full responsibility of any losses that may occur due to improper pricing including but not limited to; losses that may occur due to typos or insufficient knowledge of our website features such as promotions and offers. It is also your duty to periodically countercheck your pricelist for errors or exemptions. Africer LLC is not entitled to amend the prices listed by vendors unless during promotions and with a written consent sent via email, info @africer.com .
Shop Policies:
Vendors may outline specific policies for their Africer Shop. Such policies may include but not limited to, payments, windows of service or shipping. These policies must be reasonable in good faith and must not contradict with Africer LLC’s policies. Vendors are responsible for enforcing their own policies, in case of a conflict between your shop policies and ours, our terms shall control.
Binding Sale:
All sales are binding and final. After a sale is made, vendors are obligated to deliver the applicable purchases without undue delay. Vendors are responsible for any inconveniences arising from order delay. If the vendor chooses to use Africer LLC’s logistic services, such delay will be assessed up to and until the time the seller delivers the applicable order to our warehouse or driver.
Taxation:
You are responsible to include all tax obligations to the final price of a listed product. Each vendor must accurately declare to the relevant authorities all sales proceedings realized on our platform and profits made. Africer LLC will not be held responsible for any VAT obligations that may arise on your side. We will remit and declare all applicable taxes on commissions and delivery fees that we collect.
Product Images:
You as a vendor will continually provide us with all current shop and product information including high quality digital images free of charge. You grant us a non-exclusive perpetual irrevocable and royalty free license to use, display, and copy or distribute the product information in our websites and mobile platform applications. You also grant us permission to use trademarks and trade names included in the product. Your product images must be accurate and must be free of strong language. Inaccurate images will attract a penalty. See Appendix II
Cancellations, Returns and Recalls:
You will accept our policy on returns which is explained in detail at the return policy section of this contract. For any defective or non-conforming product that arrives to our warehouse either from you or a sales return from customer, Africer LLC may return it to you or dispose it of at your own expense unless otherwise agreed. Vendors may establish their product-specific cancellation and return policies and must provide such to Africer LLC at the time of registration. It is your responsibility to update such policies and provide a dated copy of these editions to us. Africer LLC may only state such policies; enforcement is the sole responsibility of the vendor. Africer LLC will periodically audit your returns and intervene in case you have abnormally high product return rate which may consequently attract a penalty as described in appendix II.
Stock Levels:
By listing the quantity of a commodity as available, you will warrant that this stock is immediately available for sale. Africer LLC will monitor stock levels and may penalize vendor for incorrect stock information up to and including contract termination. See Appendix II.
Packaging and Labeling:
All units sold via Africer LLC sites and applications must be packaged securely and prevented from transit damage. Africer LLC will not accept non packaged items. Units sold as a set must be packaged together, boxed items must be six sided and poly bag units must meet requirements by environmental authorities or any other enforcement by an entity of the Local or Federal Government or an ordinance by a city/county. Hot food items must be packaged in clean non-leaking container with proper labeling of the contents. Drinks must be in watertight containers.
Product Assurance:
Vendors will provide a manufacturer’s warranty guarantee for products listed in our sites and state accurately the details of this warrant before a sale is made. All products requiring an expiry date must be accurately and clearly labeled and such expiry date should have a cushion long enough to accommodate transport delays. All hot food items must be freshly prepared. You will replace all defective products at your expense unless it has been established beyond any reasonable doubt that such defect occurred at Africer LLC’s facilities. Defects arising from improper packaging will be incurred by the vendor.
Genuinely:
You will devote to providing only genuine products and follow all applicable local and international laws regarding sale of products to an end user. Counterfeit products sent to us may be directly channeled to relevant authority for action at your expense and without your prior consent. Consequently, your membership may be immediately suspended or revoked, and any expenses, penalties, fees, or legal obligations resulting directly or indirectly from this counterfeit product will be charged against your account. Refer to appendix II for more information. See Appendix II for more information.
Restricted Products / services:
Customers trust that they can always buy with confidence at Africer LLC; all listed products must comply with all applicable laws and regulations and within Africer LLC’s policies. Certain categories like alcohol and tobacco products are subject to additional regulations in the United States and Canada. If you wish to list a restricted product or service on our site, you must provide all applicable licenses to establish that you have a full authorization to sell such. You also guarantee that you have solely accepted the full responsibility related to such products. Before listing any product / service, refer to Appendix IV to see if your listing it is restricted.
Prohibited products:
The sale of some products in the USA is either controlled or prohibited. Africer LLC may not warrant that these legal restrictions are met and therefore will not allow these products on any of our sites or platforms. Refer to Appendix V for a list of products that are not allowed I all our sites, this list is non-exhaustive and it is your responsibility to seek advice from relevant legal experts.
SECTION 30 - CONDITIONS OF USE OF THE SELLER PLATFORM
Eligibility:
You must be at least 17 years old to use the seller’s platform. By agreeing to these terms, you warrant to us that you are at least 17 years old and have not previously been banned from any of our platforms, and that you will be in full compliance.
Accounts and Registration:
Every vendor who wishes to use any of our services must register for an account. Registration will require you to provide us with accurate information about the owner (name, ID# email, phone # etc.) and your business (Legal name, License #, Physical location, Phone #, Email #, UBI# etc.). You will always be required to keep this information up to date. You will also be required to secure your account with a strong password which must be securely protected and updated periodically.
BY REGISTERING, DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING ANY PART OF OUR PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE OUR PLATFORM.
Product Description Format:
Compliance: You must ensure that all contents of your Africer online shop are in full compliance.
Product name: This field is limited to the brand name of the product and main attributes like size and color. Additional information should appear on ‘long description’ field.
Price: All listed prices are final and must be tax inclusive. Vendor agrees and understands that due to limitations of technology available today, price changes may not instantaneously reflect on the buyers end and may require a couple of seconds and refreshes to push it. Africer LLC is not liable for any losses arising as a result of such delays.
Product images: All product images must be current, accurate and of high definition. Images may not exceed 2MBs in size and must be sized accordingly with a picture to image ratio of at most 75%. PHOTOS MUST NOT CARRY PROFANE INFORMATION. Refer to the product images section for applicable rights.
Discounts and Offers: All discounts and offers marked as active at the time of the sale must be applied and will be enforced.
Section 31: PAYMENTS
Disclaimer: Africer LLC is not liable for any expenses you may incur due to delayed funds transfer by the banking institutions. All we do is to initiate the transfer; the transfer process is beyond our control.
Africer LLC has partnered with Stripe as the payment processor. Revenues will be remitted to vendors accounts via Stripe as of now. Special arrangements may be made for other transfer providers like Zelle. Africer LLC DOES NOT use Square Cash (CashAPP) services.
Trading Period:
Payments will be scheduled on weekly basis and will be wired at the first day of the new week, ie every Monday unless such day falls on a national holiday; payments will be wired in the next business day. Vendor must provide retain the receipts for every payment received. If the vendor requests their revenues before the end of the current trading period, then they will be liable for the money transfer fees.
Banking Information:
Vendors must provide accurate banking information and must notarize this information before any transfers are initiated. It’s your sole responsibility to keep this information accurate.
Payments will be scheduled on weekly basis.
Payment Calculation:
The payment due to the vendor will be calculated by subtracting sales returns, commissions, and penalties if any from the total revenue generated from all sales marked as delivered within a predetermined trading period. Africer LLC will also subtract any prior due balances from your payments before money is transferred to your account.
Commission Calculation:
Commission is calculated as a percentage of the final selling price including taxes and excluding delivery fee. Commission rates are revised every six months. Africer LLC reserves the right to amend the rates with a 30-day notice. See APPENDIX III for rates.
RETURNS POLICY
Generally, customers are entitled to the luxury of cancellation and return of product provided the original packaging remains sealed and the product is returnable and in the same condition as received. Vendors may be allowed to tighten or loosen this rule but within reasonable terms which must be communicated to Africer LLC beforehand. Products being sold ‘as is’ must be labelled so with clarity and this information must be made available to the buyer before any transaction is carried out. It is the responsibility of the vendor to avail this information and enforce their online shop return policies. ALL REFUNDS MUST BE PROCESSED UPON RECEIPT OF THE RETURNED PRODUCT. For more information, refer to the conditions of cancellations, recalls and returns.
Shipping Returns:
For any items delivered to customer through means other than Africer LLC’s Logistics service, vendors will make their own arrangements with the customer on the shipping of such returned products. If the vendor chooses to use our delivery services, we may assume the duty of delivering the returned items to you at your expense. IN CASE OF A TRANSIT-DAMAGE DISCREPANCY, ANY PRODUCTS RETURNED DUE TO TRANSIT DAMAGE MUST BE CHANNELED THROUGH OUR DRIVERS BEFORE GOING BACK TO THE VENDOR. FAILURE TO MEET THIS CONDITION WILL MEAN THAT THE VENDOR AUTOMATICALLY ACCEPTS TO REPLACE THIS PRODUCT AT THEIR OWN EXPENSE.
Failed Deliveries:
When our delivery associate is unable to reach the customer, products will be returned to vendor, if refund is requested by the customer, it will be processed without undue delay.
SPECIAL CASES
Hot Food Items: Hot food items are extremely perishable. Unless otherwise agreed, returns of these items will be sent directly to the vendor unless otherwise communicated by the vendor.
Green Groceries: These items are also very perishable, if undelivered for whatever reason, they will be sent directly to the vendor, if refund is requested by the customer, it will be processed without undue delay.
Electronics / Appliances / Phones / power tools: products declared dead on arrival due to mechanical or manufacturing defects must be replaced, or money refunded back to customer without undue delay.
Section 32: Platform Features
Training:
Africer LLC will provide training on how to navigate and use features of our platforms at the time of registration. We will also provide relevant reference materials either in visual or text format. We will have a team dedicated to vendor customer service and support to help vendor build confidence with our platforms. Vendors must ensure they have sufficient competence before going live on our platforms. Vendors will assume responsibility of any damages or losses that may occur due to insufficient knowledge of our platform features.
Critical platform Features:
Certain features like the accounting and sub admin sections may carry very sensitive information pertinent to your Africer online shop. You must be very careful when assigning admin rights to a user so that you can still maintain control of your account. Vendors will assume responsibility of any damages or losses that may occur due to insufficient knowledge of our platform features. In case you suspect that your account has been compromised, please change your password immediately and contact our technical team via our hotline +2147295864.
APPENDIX IV: RESTRICTED PRODUCTS / SERVICES
APPENDIX V: PROHIBITED PRODUCTS / SERVICES
Note: These lists are not exhaustive; it is your duty to visit the FDA NBS and TTB Websites for more information.