AFRIKUNET

User Agreement

This Afrikunet User Agreement (“Agreement”) is a contract between you and Afrikunet. or its affiliate as the case may be (“Afrikunet” “we,” or” us”). By using the website, and any associated websites, APIs, mobile applications, or retail products and/or services (collectively the “Afrikunet Site & Services”), you agree to be legally bound to this Agreement and acknowledge that you have read, understood, and accept all the terms and conditions contained in this Agreement, our Privacy Policy, and E-Sign Consent.

Please read these Terms carefully as they affect your rights and liabilities in respect of the use of the Website. By accessing the Website and/or using the online services, you agree to be bound by the Terms. If you do not accept any of these Terms, you must immediately discontinue your access to this Website and/or use of the online services. By using the Website and/or online services, you accept the following Terms in full.

The Website enables interested individuals or organisers build, showcase and gift, sell, topup evoucher, event tickets and airtime with Afrikunet. The Website is an online gifting/ticketing platform that provides an e/indivdual and ticketing service for individuals and businesses, that will make it easier for customers of event organisers across the world to purchase tickets seamlessly with a variety of payment options to their advantage.

Amendment

We may update these Terms from time to time for legal or regulatory reasons or for the proper operation of the Website. You will be notified of any changes via the e-mail address provided by you on registration or via a suitable announcement on the Website. The changes will apply to the use of the Website after such notice has been given. If you do not wish to accept the new Terms you should discontinue your use of the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms and Conditions.

License to use

We grant you a non-assignable, non-exclusive and revocable license to use this Website and/or online services. This licence is applicable to all updates, upgrades, new versions and replacement made to the Website and/or online services. All right, title and interest in and to this Website and/or online services are and will remain the exclusive property of Afrikunet
Unless otherwise stated, Afrikunet and/or its licensors own the intellectual property rights and materials on the website subject to the license below. We do not grant you any right, license, title or interest to any of our intellectual Property rights which you may or may not have access to. You agree to take such actions including any legal or official document or other documents that may be needed to further affirm our intellectual property rights.
To be transparent and to educate users: For you to know what personal information is, how we collect personal information, for what purpose and how we secure personal information;
Any feedback, comments, or suggestions you may provide to us and our services is entirely voluntary, and we will be free to use such feedback, comments or suggestion as we see fit without any obligation to you.

Term; Termination

These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Afrikunet decides it's best to part ways as described in the lists below. When that happens, these Terms will generally no longer apply.

Afrikunet may terminate your right to use the Services at any time

if you violate or breach these Terms;
if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Afrikunet; or
if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Afrikunet to legal liability.
Afrikunet may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Afrikunet's sole discretion, failure to do so would materially prejudice you. You agree that Afrikunet will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.

Except to the extent you have agreed otherwise in a separate written agreement between you and Afrikunet, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Afrikunet governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.

All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

Availability and Use

You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of this Website and/or online services, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Website.
You agree not to use the Website and/or online services other than in conformance with the acceptable use policies of any connected computer networks, any applicable internet standards and any other applicable laws.
We may, from time to time, with/without giving reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website and/or online services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Website and/or online services.
Although we aim to offer you the best service possible, we make no promise that the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website, you should report it to support@afrikunet.com and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new services. We will attempt to restore the service as soon as we reasonably can.

Your Account with Afrikunet

We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Afrikunet or use the Services, including the following:

You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
If there is a dispute between two or more persons or entities as to account ownership, Afrikunet will be the sole arbiter of that dispute and Afrikunet's decision (which may include termination or suspension of the account) will be final and binding on those parties.
If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Afrikunet all permissions and licenses provided in these Terms.
We may provide you the ability to implement certain permission within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.
You agree to immediately notify Afrikunet of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
You agree to not use our services to collect any sensitive personal information, such as health information (including "protected health information" as social security numbers, financial information, payment card numbers, driver's license numbers, and passport numbers, unless otherwise permitted by these Terms or Afrikunet has consented to such collection in writing.

Restricted use

No part or parts of the Website and/or our online services, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, stored, adapted, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without the prior written consent of Afrikunet.
Save and except with Afrikunet’s prior written consent, you may not insert a hyperlink to the Website or any part thereof on any other Website, or "mirror" or frame the Website, any part thereof, or any information or materials contained in the Website on any other server, Website or web page.

Trademarks

Trademarks. The trademarks, service marks and logos of Afrikunet (the "Afrikunet Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Afrikunet. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Afrikunet Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Afrikunet specific for each such use. The Trademarks may not be used to disparage Afrikunet, any third party or Afrikunet's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks.

Use of any Trademarks as part of a link to or from any site is prohibited unless Afrikunet approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Afrikunet Trademark will inure to Afrikunet's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Afrikunet and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

We reserve the right to enforce Intellectual Property Rights on the Website and/or online services to the full extent of the law.

Website security

Users of our Website are strictly prohibited from violating or trying to violate the security features of this Website, such as by: (a) accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that user to do so in writing; (c) attempting to interfere with service to any user, host or network, such by means of submitting a virus to this Website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”; (e) sending unsolicited email, including promotions and/or advertising of products or services; or (f) forging TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
By using this Website, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Website or any activity being conducted on this Website. You further agree not to use or try to use any engine, software, tool, agent, other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Website other than the search engine and search agents which we make available on this Website.

Privacy Statement

Your use of this Website signifies your continuing consent to Afrikunet’s Privacy Policy which is accessible on the Website. Personal information that you supply to Afrikunet and any information about your use of the Website that we obtain will be subject to Afrikunet’s Privacy Statement on this Website.

Warranty disclaimer notice

Unless otherwise specified in writing, Afrikunet provides this website and/or online services on an “as is” and “as available” basis and makes no representations or warranties of any kind, either statutory, express or implied or any implied or statutory condition of merchantability, fitness for a particular purpose, availability, security, title and non-infringement of intellectual property rights.
Afrikunet makes no representation or warranty of any kind, express or implied, as to the operation of the Website or that the Website will meet your requirements or that the website will remain free from any interruption, bugs, inaccuracies, and error.
Your use of this website and/or online services are at your own risk, and you alone will be responsible for any damage that results in loss of data or damage to your computer system.
To the full extent permissible by law, Afrikunet disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Afrikunet does not warrant that the Website are free of viruses or other harmful components.
To the full extent permissible by law, Afrikunet will not be liable for any damages of any kind arising from the use of the Website or other services included or otherwise made available to you through the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Limitation of liability

You agree that Afrikunet or any of its employees, directors, officers, agents, suppliers or third-party service providers will in no way be liable to you or any other person for any direct, indirect, incidental, punitive, consequential, special or exemplary damages or any damages whatsoever including but not limited to damages resulting from revenue loss, profit loss, use, data, goodwill, business interruption or any other intangible losses (whether Afrikunet has been advised of the possibility of such damages or not) arising out of the Website or its contents (including, without limitation, use, inability to use, or arising from the result of use of this website or contents) whether such damages are based on warranty, tort, contract, statute or any other legal theory.
In jurisdictions where the exclusion of certain warranties or the limitation or exclusion of liability for certain damages and the scope and duration of such warranties are prohibited, some of the above disclaimers and limitations of liability may not, as a matter of applicable law, apply to you in their entirety, but will apply to the maximum extent permitted by applicable law.

Internal and external links

For your convenience, we may include hyperlinks to other Websites or content on the internet that are owned or operated by third parties. Such linked Websites or content are not under the control of Afrikunet, and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk and subject to the Terms of access and/or use contained therein.

Advertising

We may attach banners, java applets and/or such other materials to the Website for the purposes of advertising our or our Business Partners’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

Submitted data

You grant us a non-exclusive license to use the materials or information that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews on the Website, you also grant us the right to use the name that you submit or your username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
You consent to and authorize the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you where you agree. Your agreement shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Nigeria or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
You acknowledge that you have read and agree to the Privacy Policy on the Website and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.

Notices

All notices or other communications given to you if:

communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.

You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt.

Indemnity

By using the Website, you hereby agree to indemnify and undertake to hold Afrikunet harmless against all damages, losses, liabilities, expenses and costs (including legal costs) suffered or incurred by Afrikunet or its affiliated companies in connection with or arising from your access of the Website and/or use of the online services and any breach by you of any provision of these Terms. You will indemnify and hold Afrikunet harmless from and against any claim, suit or proceedings brought against Afrikunet arising from or in connection with violations of Intellectual Property Rights or other rights of third parties in relation to your use of the Website and online services.

General

No waiver: Our failure to enforce these Terms shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Severability: If at any time any provision of these Terms shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms.
Rights of third party: A person or entity who is not a party to these Terms shall have no right to enforce any these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.
Termination: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Website and/or online services. We may bar access to the Website and/or online services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to our Website and/ or online services.
Amendments: We may by notice through the Website or by such other method of notification as we may designate (which may include notification by way of e-mail), vary these Terms, such variation to take effect on the date we specify through the above means. If you use the Website or our online services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Website or online services and terminate these Terms. Our right to vary these Terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms.
Breach of these terms: Without prejudice to other rights under these Terms, if you breach these Terms in any way, Afrikunet may take such action as it deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Language: In the event that these Terms is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms shall govern and shall take precedence over the Foreign Language Version.
Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to our online services, if any) maintained by us or our service providers relating to or in connection with the Website and online services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Website and/or online services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
Assignment: You may not assign your rights under these Terms without our prior written consent. Any assignment without the prior written consent of Afrikunet constitutes a breach and the provisions of clause 16.6 above shall apply. We may assign our rights under these Terms to any third party.
Force Majeure: We shall not be liable for non-performance, error, interruption, or delay in the performance of its obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the contents of the Website if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

Law and disputes

If you have any concern or dispute about the Website and/or online service, you agree to first contact Afrikunet to try to resolve the dispute amicably.
If the dispute is not settled amicably within ten (10) business days from when the discussion was initiated, the dispute shall be referred to mediation.
Where the dispute is not resolved by mediation, you agree to submit to the non-exclusive jurisdiction of the state and federal courts located in Nigeria for the resolution of any disputes.