TERMS AND CONDITIONS Updated at 2021-06-08 General Terms By accessing and placing an order with AFAN PROJECTS On-Demand Services App, you confirm that you are in agreement with and bound by the terms of service contained in the terms & conditions outlined below. These terms apply to the entire App and website and any email or other type of communication between you and AFAN PROJECTS. Under no circumstances shall the AFAN PROJECTS team be liable for any direct, indirect, special incidental, or consequential damages, including, but not limited to loss of data or profit, arising out of the use, the material on this site, even if the AFAN PROJECTS team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this App or site results in the need for servicing, repair or correction of equipment or data, you assume any cost thereof. AFAN PROJECTS will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change the prices and revise the resources usage policy at any moment. License AFAN PROJECTS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this Agreement. These Terms & Conditions are a contract between you and AFAN PROJECTS (�we�, �our�, or �us�) Grants you a revocable, nonexclusive, non-transferable, limited license to download, install and use the app strictly in accordance with the terms of this agreement. Definitions and key terms For This Terms and Conditions: *Cookies: Small data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. * Company: When this policy mentions �Company�, �we�, or �our�, it refers to AFAN PROJECTS is responsible for your information under this privacy policy.� * Country: Where AFAN PROJECTS or the owners/founders of AFAN PROJECTS are based, in this case, is Nigeria. * Customer: Refers to the company, organization, or person that signs up to the use of AFAN PROJECTS service to manage the relationships with the customer or service user. * Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit AFAN PROJECTS and use the service.� * IP address: Every device connected to the internet is assigned a number known as an internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify a location from which a device is connecting to the internet. * Personnel: Refers to those individuals who are employed by AFAN PROJECTS or are under contract to perform a service on behalf of one of the parties. * Personal Data: Any information that directly, indirectly, or in connection with the information � including a personal identification number � allows for the identification or identifiability of a natural person. * Service: Refers to the service provided by AFAN PROJECTS as described in the relative terms (if available) and on this platform. * Third-party service: Refers to advertisers, content sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you. * Website: AFAN PROJECTS� site, which can be accessed via this URL: https://www.afanprojects.com * You: A person or entity that is registered with AFAN PROJECTS to use the services Restrictions You agree not to, and you will not permit others to: * License: sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the service or make the platform available for the third party. * Modify: Make derivative work of, disassemble, decrypt, reverse compile, or reverse engineer any part of the service. * Remove: Alter or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers, or the license of the service.� Payment If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the services in accordance with the fees, charges, and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (�Payment Provider�) as a condition to signing up for the Premium plan. Your Payment� Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these terms to determine your right and liabilities with respect to your Payment Provider. By providing us with your credit card number and associate payment information, you agree that we are authorized to verify information immediately upon posting on our site or by e-mail delivery to your organization�s administrator(s). Any attorney fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of and paid for by you. No contract will exist between you and us for the service until we accept your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication. You are responsible for any third-party fees that you may incur when using the service.� Return and Refund Policy Thanks for choosing our service and we appreciate the fact that you like the servcice we offer. We also want to make sure you have a rewarding experience while exploring, evaluating, and using our services. Just like any shopping experience, there are terms and conditions that apply to transactions at our company. We�ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or using of our service, you agree to the terms along with our privacy policy. If, for any reason, You are not completely satisfied, with any good or service that we provided, don�t hesitate to contact us and we will discuss any of the issues you are going through with our product or service Your Suggestions Any feedback, comments, ideas, improvement, or suggestions (collective, �suggestions�) provided by you to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you. Your Consent We have updated our terms & conditions to provide you with complete transparency into what is being set when you visit our site and how it�s being used. By using our service, registering an account, or making a purchase, you hereby consent to our terms & conditions. Links to our other Websites Our service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party�s site. We strongly advise You to review the terms & conditions of every site. We have no control over and assume no responsibility for the content, Terms & conditions, or practice of any third-party sites or services. Cookies� We use �cookies� to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser. We use cookies to enhance the performance and functionality of our services but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time visit our platform as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access functionality on our website correctly or at all. We never place personality identification in Cookies. Changes To Our Terms & Conditions You acknowledge and agree that we stop (permanently or temporarily) providing the service (or any features within the service) to you or to users generally at our sole discretion, without prior notice to you. You may stop using the service at any time. You do not need to specifically inform us when you stop using the service. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the service, your account details, or any files or other materials which are contained in your account. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.� Modifications to Our Service We reserve the right to modify, suspend or discontinue, temporary or permanently, the service or any service to which it connects with or without notice and without liability to you.� Update to Our Service We may from time to time provide enhancement or improvement to features/functionality of the service, which may include patches, bugs fixes, updates, and other modifications (�Update�) Updates may modify or delete certain features and /or functionalities of the service. You agree that we have no obligation to (i) provide any update, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the Terms & Conditions of this Agreement. �Third-Party Services We may display, include or make available third-party content (including data, information, applications, and other products and services) or provide links to third-party websites or services (�Third-Party Services�). You acknowledge and agree that we shall not be responsible for any Third �Party Service, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Service. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third-party's terms and conditions.��� Term and Termination This Agreement shall remain in effect until terminated by you or us. We may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement. Copyright Infringement Notice� If you are a copyright owner or such owner�s agent and believe any material from us constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringed; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e)the statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.� Indemnification You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys� fees, due to or arising out of your: (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party. No Warranties The service is provided to you �AS IS� and �AS AVAILABLE� and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, we provide no warranty or undertaking, and makes no representation of any kind that the service will meet your requirement, achieve any intended result, be compatible or work with any other software, websites, system, or service, operate without interruption, meet any performance or reliability standard or be error-free or that any error or defects can or will correct. Without limiting the foregoing, neither we nor any provider make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content or materials or products included thereon; (ii) that the service will be interrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the contents, or e-mails sent from or on behalf of us are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. Severability If any provision of this Agreement is held to be unenforceable or valid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provision will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notice published by us on the Services, shall constitute the entire agreement between you and us concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Waiver� Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party�s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach. Nor failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of the right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.� Amendments to this Agreement� We reserve the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is a material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the terms, you are no longer authorized to use our service.� Entire Agreement The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporary written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchase.� Updates to Our Terms We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account. Intellectual Property Our platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) are owned by us, its licensors or other providers of such material and are protected by Nigeria and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, without the express prior written permission of us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited. Agreement to Arbitrate This selection applies to any dispute EXCEPT IN DOESN�T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR APOS�s INTELLECTUAL PROPERTY RIGHTS. The term �dispute� means any dispute, action, or other controversies between you and us concerning the services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis �Dispute� will be given the broadest possible meaning allowable under law.� Notice of Dispute In the event of a dispute, you or us must give the other a notice Dispute, which is a written statement that sets forth the same, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: afanprojects1@gmail.com. We will send any Notice of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or we may commence arbitration. Binding Arbitration If you and us don�t resolve any Dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Nigerian Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party�s right or property pending the completion of arbitration. Any and all legal, accounting, and the other cost, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.� Submission and Privacy In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisement, data, or proposal, including ideas for new or improved products, services, features, technologies, or promotions, you expressly agree that such submissions will automatically be treated as non-proprietary and will become the sole property of us without any compensation or credit to you whatsoever. We and our affiliates shall have no obligations with respect to such without any compensation or credit to whatsoever. We and our affiliates shall have no obligation with respect to such submission or post and may use the ideas contained in such submission or post for any purpose in any medium in perpetuity including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.� Promotions� We may, from time to time, include a contest, promotions, sweepstakes, or other activities (�Promotions�) that requires you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographical location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and comply with all Promotions Rule. Additional terms and conditions may apply to the purchase of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference. Typographical Error In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged, for the purchase and your order is canceled, we shall immediately issue a credit to your card account or other payment accounts in the amount of the charge. Miscellaneous If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in event of any breach or anticipatory breach by you. We operate and control our Service from our offices in Nigeria. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if to the extent laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contain the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement is for convenience only and will not be given any legal import. Disclaimer We are not responsible for any content, code, or other impressions. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, or other torts, arising out of or in connection with the use of the service or the content of the Service. We reserve the right to make additions, deletions, or modifications to the content on the Service at any time without prior notice Our Service and its contents are provided �as is� and as available� without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by third parties; as such, our exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via our Service. Without limiting the foregoing, we specifically disclaim all warranties and representations in any content transmitted on or in connection with our Services or on sites that may appear as links in our Service, or in the products provided as a part of, or otherwise in connection with our services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by us or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free. Contact Us Don�t hesitate to contact us if you have any questions. � Via Email: afanprojects1@gmail.com � Via Phone Number: +234 903 775 3233 � Via this Link: https://www.afanprojects.com/ � Via this Address: No. 17, Road 61, 6th Avenue, Gwarimpa, FCT Abuja
