This page contains afribary.com terms and conditions for usage revised 20/08/2022. Your accessing this site and/or continued usage of this site means you agree to the terms below.
Your Agreement to these Terms of Use.
Afribary is an online library, portal and digital content platform (owned and operated by Afribary Ltd (“Afribary") -- consisting of web sites, mobile platform & applications, academic research services, software applications and networks -- that allows for the authorized upload, download, sharing, outsourcing and distribution of written digital content over the internet at www.afribary.com (the "Afribary Platform"). Terms for "Afribary" and the "Afribary Platform" apply to any site or mobile application owned and operated by Afribary Ltd, including Afribary.com, Afribary mobile applications and any other Afribary owned platform.
Afribary is owned and operated in Nigeria by Afribary Ltd.These terms are an agreement between you and Afribary Ltd. For the purposes of these Terms, Afribary Ltd and any or all of its subsidiaries/affiliates are collectively referred to as “Afribary.”
The term “Account” refers to a basic Afribary account maintained by an individual User or a single entity (“You”, “User”, or, collectively, “Users”). The terms “Subscription,” “Subscription Membership,” and “Membership” apply to any paid subscription that allows Account holders to access premium and exclusive content (“Subscription Content”).
The following General Terms of Use is a legal contract between You, either an individual User or a single entity, and Afribary regarding Your use of the Site and Apps. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “You” and “Your” will refer to the entity.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE AFRIBARY PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE AFRIBARY PLATFORM. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE AFRIBARY PLATFORM IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW.
1. Eligibility.
Afribary is not available to persons under the majority in their place of residence or to any Users whose access to Afribary was administratively suspended or revoked. If You are using or opening an Account on behalf of a company, legal entity, or organization (collectively “Entity”), then You represent and warrant that You are an authorized representative of that Entity with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of the Entity. BY USING AFRIBARY, YOU REPRESENT THAT You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as Afribary is not intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read our Privacy Policy carefully for information on how we collect, use, and disclose Your personal information. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
The Subscriber/Purchaser Agreement, General Uploader Agreement, and Author Agreement are also hereby incorporated into these Terms by reference.
3. Individual Features and Services.
When using Afribary, You will be subject to any additional posted guidelines, rules, and notices applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms and Services.
Afribary reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms, or any additional terms and notices, including the Subscriber/Purchaser Agreement, General Uploader Agreement, Author Agreement at any time. If we do so, we will inform You either by posting the modified Terms here or through other communications. Your continued use of Afribary after the posting of changes constitutes Your binding acceptance of such changes. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. Copyright Act.
Please note that since we respect authors' and content holders' rights, it is Afribary's policy to respond to notices of alleged infringement that comply with the Nigerian Copyright Act (NCA) or other applicable laws. Please note that Afribary will promptly terminate without notice any User's access to the Afribary Platform if that User is determined by Afribary to be a "repeat infringer". A repeat infringer is a User who has been notified by Afribary of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Afribary Platform more than twice.
6. Afribary’s Discretion on Content.
Afribary may, at its sole discretion, accept, refuse or delete any content (including papers, documents, comments etc) uploaded by a user/researcher with or without reason). Afribary may, at its sole discretion, similarly modify any uploaded content on the Afribary Platform (including papers, documents, comments etc) in order to comply with the relevant Copyright or intellectual property laws.
7. Prevention of Unauthorized Use.
Afribary reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Afribary Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
8. Afribary Content Disclaimer.
You understand that when using the Afribary Platform You will be exposed to User Content from a variety of sources, and that Afribary is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Afribary with respect thereto. Afribary does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Afribary expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Afribary may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, Afribary does not permit copyright infringing activities on the Afribary Platform.
9. Prohibited Conduct.
It is our goal to create an experience where anyone can read or listen to books in a comfortable and safe environment. We have developed rules that are designed to help achieve this goal. We may modify or review these rules at any time without prior notice, as part of the Terms of Use.
9.1 use Afribary for any purpose other than to receive original or appropriately licensed content, to add Descriptive Information, and/or to access Afribary as such Services are offered by Afribary (“Descriptive Information” refers to the corresponding title and description of User Content posted by Users along with such content);
9.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 13, below);
9.3 post, upload, or distribute any defamatory, libelous, or inaccurate content and/or Descriptive Information;
9.4 post, upload, or distribute any content or Descriptive Information that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar,
hateful, racially or ethnically offensive, or otherwise inappropriate;
9.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via Afribary, or perform any other similar fraudulent activity;
9.6 delete the copyright or other proprietary rights notices on Afribary or associated with any content available via Afribary;
9.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of Afribary. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
9.8 use Afribary for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
9.9 defame, harass, abuse, threaten or defraud Users of Afribary, or collect, or attempt to collect, personal information about Users or third parties without their consent;
9.10 use Afribary if You are under the age of thirteen (13) years old;
9.11 remove, circumvent, disable, damage or otherwise interfere with rights enforcement and other security-related features that prevent or restrict use or copying, printing, or sharing of any content accessible through Afribary, or features that enforce limitations on the use of Afribary or any content available via Afribary;
9.12 reverse engineer, decompile, disassemble or otherwise attempt to discover Afribary’s source code or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.13 modify, adapt, translate or create derivative works based upon Afribary or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9.14 intentionally interfere with or damage the operation of Afribary or any User’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
9.15 use any robot, spider, scraper, or other automated means to access Afribary for any purpose or bypass any measures Afribary may use to prevent or restrict access;
9.16 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Afribary;
9.17 interfere with or disrupt servers or networks related to the operation Afribary, or disobey any requirements, procedures, policies or regulations of networks connected to Afribary; or
9.18 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, or other content that in Afribary’s sole opinion detracts from the Afribary experience.
10. Account
When You use the Afribary Platform to upload and/or download content or any products, services, or information from Afribary, You may be asked to provide a username and password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Afribary on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Afribary. You may be liable for the losses incurred by Afribary or others due to any unauthorized use of Your Afribary Platform account.
Afribary may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Afribary, Afribary does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of advertisers found on or through Afribary are solely between You and such advertisers. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12. Termination; Terms of Use Violations.
You agree that Afribary, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Afribary or Your use of the Afribary Platform and remove and discard all or any part of Your account, User profile, and any User Content, at any time. Afribary may also in its sole discretion and at any time discontinue providing access to the Afribary Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Afribary Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Afribary will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Afribary may have at law or in equity. As discussed herein, Afribary does not permit copyright infringing activities on the Afribary Platform, and will terminate access to the Afribary Platform, and remove all User Content or other content submitted by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with (i) the Afribary Platform, (ii) any term of these Terms, (iii) any policy or practice of Afribary in operating the Afribary Platform, or (iv) any content or information transmitted through the Afribary Platform, is to terminate these Terms and Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the Afribary Platform.
13. Work Access; Billings / Payments.
Afribary provides you with access to digital content/documents such as papers/essays, thesis, dissertations, journals, books etc from participating researchers, authors and publishers in one of two ways either via subscriptions/memberships (either weekly, monthly or annual) or via Pay per content/Pay as you go. In the case of any subscription (weekly, monthly or annual) Afribary grants you a limited, non-exclusive and non-transferable and personal license to access a certain number of Afribary content under your membership.
In addition to the foregoing, if You have obtained access to Afribary Content by purchasing a Membership/Subscription, except for any limited time promotions, Your access to the Membership is conditioned upon timely payment and maintenance of Your Membership account; and You will not have access to Afribary Content if Your Membership is cancelled, allowed to lapse, or terminated for non-payment.
13.3.1 For Subscriptions/Memberships, the current fee amounts 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 Membership/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).
13.3.2 If You elect to purchase a weekly, monthly or annual Membership, You will be charged the weekly, monthly or annual Membership/Subscription fee (“Subscription Fee”) at the beginning of the paying portion of Your Membership/Subscription and each week, month or year thereafter, respectively, at the then-current rate. If You elect to purchase an annual Membership, we will automatically charge You on the anniversary of the commencement of the paying portion of Your Membership using the Payment Information You have provided. If You elect to purchase a monthly Membership, we will automatically charge You each month, on the calendar day corresponding to the commencement of the paying portion of Your Membership, using the Payment Information You have provided. If You elect to purchase a weekly Membership, we will automatically charge You each week, on the calendar day corresponding to the commencement of the paying portion of Your Membership, using the Payment Information You have provided. In the event Your Membership began on a day not contained in a given month or week, we may charge Your payment method on a day in the applicable month/week or such other day as we deem appropriate. For example, if You started Your Monthly Membership on January 31st, Your next payment date is likely to be February 28th, and Your payment method would be billed on that date.
13.3.3 By entering into the Agreement and electing to purchase a weekly, monthly or annual Subscription/Membership, You acknowledge that Your Membership has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Subscription/Membership by You or Afribary. We may also periodically authorize Your payment method in anticipation of applicable fees or related charges. Your Subscription/Membership continues until cancelled by You or we terminate Your access to or use of the Afribary Platform or the Subscription Membership in accordance with this Agreement (and the Terms of Use which forms part of this Agreement).
14 Proprietary Rights/Royalty Payment.
The Afribary Platform and contents on the Afribary Platform is owned by and/or licensed to Afribary Ltd. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Afribary Platform provided by Afribary (the "Materials") are protected by Federal Republic of Nigeria copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Afribary Platform are the property owned by or licensed to Afribary or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Afribary or its affiliates and/or third-party licensors. Except as expressly authorized by Afribary, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Afribary Platform. Afribary reserves all rights not expressly granted in these Terms.
See the Author Publisher Uploader Agreement for terms of being part of our Author/Publisher Program and benefiting from royalties.
14. Indemnification.
You agree to indemnify, save, and hold Afribary, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of Afribary, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Afribary reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Afribary, and You agree to cooperate with Afribary’s defense of these claims. Afribary will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFRIBARY, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFRIBARY OR THROUGH THE AFRIBARY PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 15, THE TERM AFRIBARY INCLUDES AFRIBARY'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
YOU EXPRESSLY AGREE THAT THE USE OF THE AFRIBARY PLATFORM IS AT YOUR SOLE RISK. THE AFRIBARY PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING ACADEMIC AND LITERARY CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE AFRIBARY PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
AFRIBARY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE AFRIBARY PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
AFRIBARY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE AFRIBARY PLATFORM OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE AFRIBARY PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY AFRIBARY HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
16. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL AFRIBARY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE AFRIBARY PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH AFRIBARY, EVEN IF AFRIBARY OR AN AFRIBARY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF AFRIBARY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE AFRIBARY PLATFORM OR YOUR INTERACTION WITH OTHER AFRIBARY PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE AFRIBARY PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIVE THOUSAND NAIRA (OR ITS US DOLLAR EQUIVALENT), WHICHEVER IS GREATER.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN AFRIBARY AND RECEIVED THROUGH OR ADVERTISED ON THE AFRIBARY PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
YOU ACKNOWLEDGE AND AGREE THAT AFRIBARY HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AFRIBARY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND AFRIBARY. AFRIBARY WOULD NOT BE ABLE TO PROVIDE THE AFRIBARY PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17. Miscellaneous.
Afribary may provide You with notices, including those regarding changes to Afribary's terms and conditions, by email, regular mail, or postings on the Afribary Platform. Notice will be deemed given twenty-four hours after email is sent, unless Afribary is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Afribary Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Afribary Platform is deemed given ten days following the initial posting.
The failure of Afribary to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Afribary.
These Terms will be governed by and construed in accordance with the laws of Lagos State, Federal Republic of Nigeria, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Afribary will be filed only in the state or federal courts in and for Lagos, Lagos State, Nigeria and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Afribary without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-17.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Afribary relating to the subject matter herein and may be modified by a change to these Terms or Guidelines made by Afribary as set forth in section 4 above.
YOU AND AFRIBARY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE AFRIBARY PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Afribary (Afribary Ltd), located at: House 3 Victor Ikwuemesi Street, Idado, Lekki, Lagos, Nigeria. Email: [email protected].