Terms & Conditions
Last updated: June 1st, 2023
These Terms of Service ("Terms”) comprise the agreement between LDongo Technologies (herein referred to as "Afrikwea") (the "Company,” "we” or "us”), and you or the entity you represent (collectively, "you”), governing your use of this website (the "Site”) and all the services that it provides, as described below. In addition, you acknowledge and agree that you shall also be subject to any posted rules or guidelines that may be applicable to our Site or Services, which may contain terms and conditions in addition to those in these Terms of Service.
Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with LDONGO TECHNOLOGIES and these terms and conditions including the policies constitute Your binding obligations, with Afrikwea.
1. Scope of Services
1.1 Afrikwea is an e-commerce platform that promotes and supports African creativity and entrepreneurship. Afrikwea takes steps to ensure that products sold on the Website are only African inspired and originate in the African continent.
1.2 Afrikwea does not transfer legal ownership of items from the seller to the buyer. As a result, Afrikwea does not control the quality, safety, morality or legality of any products sold on the Website; and Afrikwea cannot verify the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Afrikwea does not pre-screen users, the information about products being offered for sale, or the products themselves sold on Afrikwea.
1.3 Afrikwea cannot guarantee the true identity, age, and nationality of a user. Afrikwea cannot ensure that a buyer or seller will actually complete a transaction. For these reasons, buyers and sellers use the Service solely at their own risk.
1.4 By using the Service, you agree that Afrikwea is not responsible or liable for content uploaded by users of the Service (such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links) or the products sold on the Website.
1.5 Afrikwea encourages you to communicate directly with potential transaction partners through the tools available on the Website. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
2. Updating These Terms
2.1 Afrikwea reserves the right, at its sole discretion, to amend or modify the Site or Services, or to amend or modify these Terms, including the Service Fees (as described below), at any time. You will be given reasonable notice as to any amendments or modifications made to these Terms through our Site. If we amend or modify these Terms, we will post the amendment or modification on the Site. We will also update the "Last Updated” at the beginning of these Terms.
2.2 You acknowledge and agree that it is your responsibility to review the Site and these Terms from time to time and to familiarize yourself with any amendments or modifications. Your continued use of our Site and Services such as amendments or modifications will constitute your acknowledgement and acceptance of the amended or modified Terms and your agreement to abide and be bound by the amended or modified Terms.
3. Your Use of the Service
3.1 The Site and Services are intended solely for persons who are 18 years of age or older, and any access to or use of the Site or Services by anyone under the age of 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.
3.2 You shall use the Service only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic).
3.3 Whether you use the Service as a Seller or Buyer, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Afrikwea has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Afrikwea has the right to suspend or terminate your account and refuse any and all of your current or future use of the Service (or any portion thereof).
3.4 If it is determined or suspected by Afrikwea, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Service, or are using or attempting to use the Service for any inappropriate, infringing, illegal or fraudulent purpose, Afrikwea reserves the right, in its sole discretion, to immediately terminate your access to the Service without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
4. Account Password & Security
4.1 As part of the Service registration process, you will create a password and account. You agree to: (a) provide accurate and current information about yourself as prompted by the Website (the "Registration Information"); and (b) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Website and future access to the Website.
4.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to notify us immediately of any unauthorized use of your account information or any other breach of security. Afrikwea shall not, in any manner, be responsible or liable for fraudulent purchases that are made using your compromised Account Information. You agree to immediately notify Afrikwea of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. Afrikwea cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
4.4 Afrikwea uses commercially reasonable security measures to protect against the loss, misuse, and alteration of the information under our control, including credit card information that is submitted to Afrikwea. When you place an order or access your account information, the Website uses secure server software (SSL), which encrypts all information you input before it is sent to us. We cannot guarantee that unauthorized third parties will never be able to defeat those security measures. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update and test our technology to improve the protection of customer information. Afrikwea makes no representations or warranties with regard to the sufficiency of these security measures and, Afrikwea shall not be responsible for any actual or consequential damages that result from a security breach.
Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Afrikwea Account on the Site and Services. Please note that if a Third-Party Account or associated service becomes unavailable or Afrikwea’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Afrikwea Account and your Third-Party Accounts, at any time, by accessing the "Profile” section of the Services.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Afrikwea makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement and Afrikwea is not responsible for any SNS Content.
4.5 Your account is at all times the property of Afrikwea, and we reserve the right to monitor the use of your account for any purpose. We shall have sole discretion to disclose and share the information that you provide as part of your account, as well as all communications and information that you submit to or through our Site or in connection with our provision of Services, subject to the terms and conditions of our Privacy Policy, which can be found HERE.
4.6 In creating and using your account, you agree to provide true, accurate, complete, and current account data on any registration form required and maintain and promptly update the account data to keep it true, accurate, current, and complete. You also acknowledge and agree that you may not have more than one active account. If you provide any account data that is not, or we reasonably suspect is not, true, accurate, current, and incomplete, or if you create more than one active account, we may suspend or terminate your account and our Services and refuse any and all current or future use by you of your account or our Services.
4.7 We use certain encryption technologies and other reasonable precautions to protect the privacy and security of your account data. However, you are ultimately responsible for protecting your account data from disclosure to third parties, and you are not permitted to circumvent the use of any applicable encryption technologies or other security measures. You agree not to allow anyone to have access to your account, to notify us immediately of any unauthorized use of your account or account data or any other breach of security and to ensure that you log out and exit from your account at the end of each session. While we may implement reasonable precautions to protect your account data and other confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure or that such transmissions are free from delay, interruption, interception, or error. You are always responsible for use of your account by yourself and others, including those persons that gained unauthorized access to your account through your acts and omissions.
4.8 You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
4.9 We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed. EACH MEMBER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER AFRIKWEA NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY MEMBER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY MEMBER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR AFRIKWEA ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH AFRIKWEA AND OTHER USERS.
5. User Agreement
5.1 Whether you are using the Service as a Seller, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Sellers, Buyers and other users of the Service. You agree not to use the Service to:
- Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way;
- Impersonate any person or entity, including, but not limited to, an Afrikwea representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, Pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- Upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of goods (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or stalk or otherwise harass any person or entity.
5.2 You acknowledge and agree that if you contribute, provide or make available any Content to the Website ("Your Content"), whether as a Seller, Buyer or otherwise, you hereby grant to Afrikwea a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Afrikwea to store, translate, or reformat your Content on Afrikwea and display your Content on Afrikwea in any way Afrikwea chooses without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). Afrikwea reserves the right to remove any of Your Content from the Website at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
6. Monitoring
6.1 You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for time sharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event goods through the Service as an Seller); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service.
6.2 If you are allowed to download any software in connection with the Service ("Software"), subject to the terms and conditions of this Agreement, Afrikwea grants you a personal, non-transferable, non-sublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this Agreement and the written instructions/directions (if any) provided by Afrikwea. For clarity, the Software will be deemed a part of the "Service" hereunder.
7. Payment Methods
7.1 Payments are all transacted through PayPal or other third-party payment service methods (collectively, "Facilitated Payment Modes" or "FPM").
7.2 Independent Relationship: When using an FPM, Sellers and Buyers effect the (a) applicable monetary payment transaction through the FPM service, and are bound by the applicable terms of use governing the FPM service. Afrikwea is not affiliated with, and has no agency or employment relationship with, any FPM service provider, Seller, Buyer, or any Seller's other customers. Afrikwea has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any FPM service provider, Seller, Buyer or any Seller's other customers. When using any other third-party service provider in conjunction with the Service, you, whether as a Seller, Buyer or otherwise, are bound by the applicable terms of use governing the third party service provider's service. Afrikwea is not affiliated with, and has no agency or employment relationship with, any third-party service providers, and Afrikwea has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any third party service providers.
7.3 Service Charges: Joining and setting up a shop on Afrikwea is free. Afrikwea (b) charges a percentage of the sale price when the item sells. When you list an item, you have an opportunity to review and accept the fees that you will be charged. Afrikwea's Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for Afrikwea's services are effective Afrikwea provides you with a 30 days' notice by posting the changes on the Website. However, Afrikwea may choose to temporarily change the Fees Policy and the fees for Afrikwea's services for promotional events (for example, free listing days); such changes are effective when Afrikwea posts the temporary promotional event on the Website. Afrikwea may, at Afrikwea's sole discretion, change some or all of Afrikwea's services at any time. In the event Afrikwea introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
7.4 Payment of Service Charges. Seller agrees to keep a valid credit card on file with (c) Afrikwea on which Afrikwea will charge Seller monthly for service charges incurred by Seller according to 7(b) above. Seller is liable for all service charges incurred, even for goods sold and then subsequently canceled by Buyer or refunded by Seller. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 7 days of the date of the invoice.
8. Taxes
8.1 If you are using the Service as a Seller, you are responsible for (and will indemnify Afrikwea against) all taxes associated with your sale of goods through the Service (accepting taxes based on Afrikwea 's income). Afrikwea reserves the right to withhold the payment of any amounts owed to you hereunder if Afrikwea suspects or determines that such amounts have been generated in;
- A fraudulent manner,
- Violation of this Agreement, or
- Violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by Afrikwea).
9. Termination & Account Cancellation
9.1 At any time, we may, in our sole discretion and without liability to you, with or without cause or prior notice, terminate your access to our Site and Services and deactivate or cancel your account. Upon any such termination, deactivation, or cancellation, we will pay you within a commercially reasonable time any amounts that we determine are properly owed to you, and you will remain liable for all amounts due hereunder. You may cancel your account at any time by sending an e-mail to support@afrikwea.com. Please note that, upon such termination, deactivation, or cancellation, we do not have an obligation to delete or return to you any Content you have posted to our Site or Services.
11. Afrikwea Content License
11.1 You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by Afrikwea at the Website (collectively, "Website Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Afrikwea may own the Website Content or portions of the Website Content may be made available to Afrikwea through arrangements with third parties.
11.2 Except as expressly authorized by Afrikwea in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Website Content, or post any Website Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Website Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Website Content for any other purpose is strictly prohibited without the express prior written permission of Afrikwea. You shall use the Website Content only for purposes that are permitted by this Agreement and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
12. Digital Millennium Copyright Act (DMCA)
12.1 The Content generated by Afrikwea and made available through our Site or Services is protected by copyright. No Content from our Site or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the written permission of the copyright owner, except that you may download one copy of the Content on any single computer and produce one printed copy for your personal, noncommercial use only, if you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of the copyrights and other proprietary rights of Afrikwea or other persons or entities where so indicated.
12.2 Permission for all other uses of Content, including reproducing and distributing multiple copies, or linking to any webpage on our Site except the "home page,” requires our advance consent. The use of any such Content on any other website or networked computer environment is prohibited. All design rights, databases, compilations, and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to the owner of such Content.
16.3 Afrikwea respects copyright law and expects its Users to do the same. If you believe that any content on the Afrikwea Site and Services infringes copyrights you own, or owned by a third party, please notify us at support@afrikwea.com.
13. Trademarks
13.1 The trademarks, service marks, and logos of Afrikwea (the "Afrikwea Trademarks") used and displayed in connection with the Service are trademarks, trade names or service marks of Afrikwea. Other third-party trademarks, trade names or services marks used in connection with the Service may be trademarks or service marks owned by third parties (the "Third Party Trademarks".
13.2 Third Party Trademarks and Afrikwea Trademarks shall be referred to collectively as "Trademarks". Nothing contained in this Agreement, nor your use of the Service, shall constitute or be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of Afrikwea specific for each such use. You further agree not to use any Trademark to disparage Afrikwea, the Service, or any third party, or third-party products or services, in any manner that, in Afrikwea' s sole reasonable judgment, may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Afrikwea approves the establishment of such a link by prior written consent. All goodwill generated from the use of any Afrikwea Trademark shall inure to Afrikwea's benefit.
14. Links to Other Websites
14.1 For your convenience, our Site may contain links to other websites. If you use these links, you will leave our Site. We are not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website, whether we are affiliated with the owners of, or use the services of, such websites.
14.2 You acknowledge and agree that Afrikwea is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Afrikwea of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
14.3 Additionally, some portions of the Afrikwea Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.
16. Jurisdictional Issues
16.1 We make no representation that Content available through our Site or Services is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access our Site or Services from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to our Site or Services from jurisdictions where the Content of our Site or Service are illegal or penalized is prohibited.
17. Disclaimer of Warranties
17.1 Afrikwea gives notice that all information contained within the site is subject to alteration with or without notice. While we attempt to ensure the accuracy of all information contained within this website is correct at the time of publication, all details (including specifications, dates, prices, etc.) are subject to change.
17.2 THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AFRIKWEA ON AN "AS IS” AND "AS AVAILABLE” BASIS WITHOUT WARRANTY. AFRIKWEA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
17.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER OR ANY OTHER EQUIPMENT.
17.4 TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AFRIKWEA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AFRIKWEA DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, ITS SERVERS, OR E-MAIL, WHETHER SENT FROM AFRIKWEA OR OTHERWISE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
17.5 AFRIKWEA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. AFRIKWEA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
17.6 NO ADVICE, BLOGS, OR ANY OTHER INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17.6 Our website should only be used for information purposes and is not intended to constitute advice in any specific situation and should not be relied upon in making, or refraining from making, any decision. You should not rely on our website to make (or refrain from making) any decisions or take (or refrain from taking) any action.
18. Limitations of Liability & Release
18.1 AFRIKWEA SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS Agreement, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AFRIKWEA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND AFRIKWEA'S REASONABLE CONTROL. AFRIKWEA SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18.2 IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
20. Ratings and Reviews
20.1 Afrikwea reserves the right, but not the obligation, to refuse to post or to remove any review or rating of any user of the Service if Afrikwea determines (in its sole discretion) that it contains or features any of the following: (a) offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/ discriminatory speech); (b) references to illegal activity; (c) reviews that do not address the goods and services of the business or reviews with no qualitative value; (d) language that violates the standards of good taste or the standards of Afrikwea; (e) information or statements that are or appear to be false; or (h) comments that disparage Afrikwea.
20.2 All ratings and reviews of users on the Website reflect the opinions of others, and do not reflect or represent the opinions or representations of Afrikwea. Afrikwea disclaims all representations or warranties with regard to the ratings and reviews. Reviews and ratings do not reflect the views of Afrikwea or its affiliated companies, or its employees, officers, directors, or shareholders. Afrikwea does not assume responsibility or liability for any review or rating.
21. Reporting Misconduct
21.1 If you participate in an Adventure, or if you stay at a Property, or anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Afrikwea by contacting us with your police station and report number at support@afrikwea.com; provided that your report will not obligate Afrikwea to take any action beyond that required by law (if any) or cause Afrikwea to incur any liability to you.
22. Indemnity
22.1 You agree to defend, indemnify and hold Afrikwea, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of this Agreement; or your violation of any rights of another.
22.2 Afrikwea shall provide notice to you of any such Claim. Afrikwea reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Afrikwea's defense of such matter.
22. Miscellaneous
22.1 Any notices or other communications by you or Afrikwea must be in writing and given via e-mail to, as applicable, your address stated in your account or Afrikwea’s address stated on our Site. In addition, we may provide notice to you by posting to our Site or via our Services. All such notices shall be deemed to have been given when sent.
22.2 These Terms will be interpreted in accordance with the laws of The United States, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in the United States for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
22.3 You may not assign or delegate your rights or obligations under these Terms of Service, by operation of law or otherwise, to any third party without our prior written consent. Subject to the foregoing, these Terms of Service will be binding upon and insure to the benefit of the parties hereto and their respective successors, permitted assigns and legal representatives.
23.4 Our failure to enforce at any time a provision of these Terms of Service or our other rights herein will not be a present or future waiver of such provision or right and will not in any way affect our ability to enforce each such provision and right therein. If any provision of these Terms of Service is held invalid or unenforceable at law, such provision will be deemed stricken from these Terms of Service and the remaining provisions of these Terms of Service will continue in effect and be valid and enforceable to the fullest extent permitted by law.
23.5 These Terms of Service represent the entire agreement between the parties concerning the subject matter hereof and supersede all prior understandings, agreements, or representations by or among the parties, whether written or oral, which may relate to the subject matter hereof.
24. Contacting Afrikwea
24.1 If you have any questions about these Terms, please contact Afrikwea at support@afrikwea.com.
