PLEASE READ THIS SUBSCRIBER/PURCHASER AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE PURCHASING A SUBSCRIPTION OR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT ACCESS SUBSCRIPTION OR PAID CONTENT.

 

1. Other terms incorporated.

The following additional terms, policies, and rules are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:

1. General Terms of Use

2. Privacy Policy

Unless defined in this Agreement, all capitalized terms used in this Agreement have the meaning given in our General Terms of Use and Privacy Policy.

 

2. Subscription/Purchase.

Afribary provides You with access to eBooks, academic materials, articles, and other content from participating authors, publishers by means of a Subscription (“Subscription”) or Purchase (“Purchase”), under which Afribary, and the participating publishers, grant You a limited, nonexclusive, nontransferable, revocable and personal license to access and use all Content available under Your Subscription or Purchase for Your personal entertainment and informational purposes. In most cases, you may continue to use Your Account once You or Afribary terminates your Subscription. The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access Subscription Content. 

 

3. Restrictions.

Your access to and use of the Subscription/Paid Content is subject to the following restrictions:

1. Subscription/Paid Content is provided for Your personal non-commercial use only via Afribary.com or the Afribary mobile app (“App”); 

2. You may not use Subscription/Paid Content for any commercial or promotional use;

3. You may not sell or distribute Subscription/Paid Content;

4. You may not share, lend, or rent copies of Subscription/Paid Content;

5. You may not disable or circumvent Digital Rights Management (DRM) supplied with Subscription Content; 

6. You may not exceed usage limitations set by content providers (participating publisher or Author);

7. You may not make copies of all or any portion of any Subscription/Paid Content;

8. You may not make a public display or performance of Subscription/Paid Content;

9. You may not share accounts that allow access to Subscription/Paid Content.

In addition to the foregoing, Your access to the Subscription is conditioned upon timely payment of Your Subscription; and You will not have access to Subscription Content if Your Subscription is cancelled, allowed to lapse, or terminated for non-payment.

 

Your Subscription entitles You to access Afribary’s digital library of content during the subscription period. The volume and type of content you can access will depend on the information spelt out for the particular Subscription plan you choose. Afribary reserves and shall have the right in its sole discretion to add, modify, withdraw, or delay, at any time, any particular Subscription Content from access by You for any reason including, without limitation, based on the costs generated to Afribary by such content or the nature of Your use of the Afribary.com website. Afribary makes no guarantee as to the availability of specific titles or the timing of their availability.

 

4. Payments and Billing

1. Fees, charges, and any materially different terms from those described to you in this Agreement will be disclosed to you at sign-up or in other communications made available to you. When You purchase a Subscription (such purchase, a “Transaction”), we may ask You to supply additional information relevant to Your Transaction, including, without limitation, Your credit card number, the expiration date of Your credit card and Your billing address (such information, “Payment Information”). You represent and warrant that You have the legal right to use all payment method(s) represented by any such Payment Information. When You initiate a Transaction, You authorize us to provide Your Payment Information to third parties so we can complete Your Transaction and to charge Your payment method for the type of Transaction You have selected; You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information).

2. Subscription prices are displayed in dollars (U.S.), in Naira (if you are accessing from Nigeria) or, whenever possible, Your equivalent local currency. The currency used to charge You for Your subscription payments depends on the billing country where Your payment method is located. Afribary’s pricing differs from country to country and the Subscription/Payment fee displayed on Your screen may differ from the final amount charged if You sign up in a country that is different from the home country of Your billing method. Your billing currency may change if You update your payment method or change the country of billing in your Payment information. Your country of billing must match the country where Your payment method is located.
   By entering into this Agreement, You acknowledge that Afribary reserves the right, in its sole discretion, to convert the displayed currency to that of your billing country or the home country of Your payment method as necessary. You acknowledge that Afribary cannot control any currency conversion or foreign transaction fees that may be charged to You by Your card issuer or bank for Your subscription payment, and You agree to not hold Afribary or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers liable for any such fees.
    

3. If You elect to purchase an annual or monthly Subscription, You will be charged the annual or monthly Subscription fee (“Subscription Fee”) at the beginning of the paying portion of Your Subscription and each year or month thereafter, respectively, at the then-current rate. If You elect to purchase an annual Subscription, we will automatically charge You on the anniversary of the commencement of the paying portion of Your Subscription using the Payment Information You have provided. If You elect to purchase a monthly Subscription, we will automatically charge You each month, on the calendar day corresponding to the commencement of the paying portion of Your Subscription, using the Payment Information You have provided. In the event Your Subscription began on a day not contained in a given month, we may charge Your payment method on a day in the applicable month or such other day as we deem appropriate. For example, if You started Your Subscription on January 31st, Your next payment date is likely to be February 28th, and Your payment method would be billed on that date.
    

4. By entering into the Agreement and electing to purchase an annual or monthly Subscription, You acknowledge that Your Subscription has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Subscription by You or Afribary.  We may also periodically authorize Your payment method in anticipation of applicable fees or related charges. Your Subscription continues until cancelled by You or we terminate Your access to, or use of, the Services or the Subscription in accordance with this Agreement (and the General Terms of Use which forms part of this Agreement).

5. Refunds and Replacements.

All fees and charges are nonrefundable and there are no refunds or credits, except as expressly set forth in our Refund Policy. In certain cases, if there is a defect in any Subscription Content, you may receive a replacement rather than a refund.

 

6. Cancellation of Subscriptions.

1. Cancellation. You may cancel Your Subscription through your account settings after logging into the Site or the App. You may also initiate cancellation of a Subscription by sending an email to [email protected]. You will be responsible for all Subscription Fees (plus any applicable taxes and/or other charges) incurred before the effective date of your cancellation. If you cancel, your cancellation will be effective immediately and you may not be able to access any Subscription Content. Cancelling Your Subscription will not cancel Your Account.  See Section 9 below titled “Term and Termination,” for information on terminating Your account.
   
   You agree that Afribary may terminate Your Subscription and/or account for non-payment of Subscription Fees. In the event of any cancellation or termination of your Subscription or account, we may remove and discard all or any part of Your account, User profile, and any content related to Your account, at any time.
    

2. Refunds. As defined in section 5 of this agreement, all fees and charges are nonrefundable, except as expressly set forth in our Refund Policy. Afribary will not refund Subscription Fees, either in full or in part, when a Subscription is cancelled or terminated. 

7. Removal of Content

Afribary reserves the right to modify or withdraw at any time any Subscription Content from access by You at the request of its publisher/author or for any other reason. If Afribary removes or deletes a particular piece of Subscription Content, Afribary reserves the right to revoke Your access to the content. If Afribary revokes Your access, Afribary may provide a refund to You or offer You another form of compensation at Afribary’s sole discretion.

 

8. Term and Termination. 

This Agreement begins on the date on which You accept its terms and continues until terminated. We may terminate this Agreement (including Your subscription and/or account), or suspend or terminate the Services, with or without cause, at any time and without notice to You. Please refer to the General Terms of Use for additional terms applicable to the cancellation or termination of Your account. Upon any cancellation or termination of this Agreement and/or Your account, the rights and licenses granted to You under this Agreement will automatically terminate. This means that, among other things, You will no longer have access to Subscription Content.