Last updated: October 29, 2015
Welcome to Afrimash.com. Afrimash is a service provided by Woculus&Afrimash Investments Limited.
Woculus&Afrimash Investments Limited and/or its affiliates (“Afrimash”) provide website features and other products and services to you when you visit or shop at Afrimash.com, use Afrimash products or services, or use other products and/or services provided by Afrimash in connection with any of the foregoing (collectively, “Afrimash Services”). Afrimash provides the Afrimash Services subject to the following conditions.
By using Afrimash Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Afrimash Services, and sometimes additional terms may apply. When you use an Afrimash Service (for example, Your Personal Profile, Your Online Showroom, Coupons, Your Media Library, or Afrimash applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Afrimash Service (“Service Terms”). If these Terms and Conditions are inconsistent with the Service Terms, those Service Terms will control.
When you use any Afrimash Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other Afrimash Services, such as our Online Forum. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Afrimash Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Afrimash or its content suppliers and protected by the Nigerian government and international copyright laws. The compilation of all content included in or made available through any Afrimash Service is the exclusive property of Afrimash and protected by the Nigerian government as well as the international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Afrimash Service are trademarks or trade dress of Afrimash in Nigeria and other countries. Afrimash’s trademarks and trade dress may not be used in connection with any product or service that is not Afrimash’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Afrimash. All other trademarks not owned by Afrimash that appear in any Afrimash Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Afrimash.
Patents owned by Afrimash apply to the Afrimash Services and to the features and services accessible via the Afrimash Services.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions, and your payment of any applicable fees, Afrimash or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Afrimash Services. This license does not include any resale or commercial use of any Afrimash Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Afrimash Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Afrimash or its licensors, suppliers, publishers, rightsholders, or other content providers.
No Afrimash Service, nor any part of any Afrimash Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Afrimash. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Afrimash without express written consent. You may not use any meta tags or any other “hidden text” utilizing Afrimash’s name or trademarks without the express written consent of Afrimash. You may not misuse the Afrimash Services. You may use the Afrimash Services only as permitted by law. The licenses granted by Afrimash terminate if you do not comply with these Terms and Conditions.
If you use any Afrimash Service, you are 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. Afrimash sells product and services to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Afrimash Services only with involvement of a parent or guardian. Afrimash reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Afrimash reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Afrimash a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Afrimash and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Afrimash for all claims resulting from content you supply. Afrimash has the right but not the obligation to monitor and edit or remove any activity or content. Afrimash takes no responsibility and assumes no liability for any content posted by you or any third party.
Afrimash respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Afrimash are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Afrimash ‘Buyer Protection’ service does not cover goods purchased without paying through the due process (that is paying into the Afrimash’s account). Also, Afrimash ‘Buyer Protection’ is forfeited after 12 hours post reception of goods by the customer. Based on the findings of our legal department, a replacement or a full or partial refund will be made to the customer who doesn’t receive his or her goods as promised.
For more information about our ‘Buyer Protection’ policy, please see our Buyer Protection policy on our website.
PRICING & PAYMENTS
- We help get customers for your products through the Internet and take 10% commission on products sold. This 10% covers for our commission as well as the cost of promoting the product using various promotional methods.
- Note that all payments are made through an escrow account. That means that you can only receive your money after the buyer sees the product and is satisfied. Circumventing the buyer protection policy disqualifies you from making further sales via the Afrimash platform.
When you use apps created by Afrimash, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AFRIMASH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFRIMASH SERVICES ARE PROVIDED BY AFRIMASH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AFRIMASH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AFRIMASH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFRIMASH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AFRIMASH SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AFRIMASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFRIMASH DOES NOT WARRANT THAT THE AFRIMASH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AFRIMASH SERVICES, AFRIMASH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AFRIMASH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFRIMASH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AFRIMASH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AFRIMASH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any Afrimash Service, or to any products or services sold or distributed by Afrimash or through Afrimash.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms and Conditions as a court would.
Afrimash will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Afrimash Service, you agree that the applicable federal law, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Afrimash.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
P.O. Box 35843
Agodi, Ibadan, 200233
22 Balogun Street,
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our contact form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that this procedure is exclusively for notifying Afrimash that your copyrighted material has been infringed.