The following Terms of Use apply to the use of the Africa Creative Market’s website and associated services (“Website”) by User/you.

Please read these Terms of Use carefully before using the Website. These Terms of Use govern your access and use of the Website. By accessing or using the Website, you agree to be bound by these Terms of Use. Africa Creative Market (referred to as the ”Company,” “us,” “our,” or “we”) provides the Website and reserves the right to make changes to the Website and to these Terms of Use at any time without prior notice.

1. The Agreement

These Terms of Use is an agreement between you and us. It details our obligations to you and governs your use of the Website and the services available on the Website. It highlights certain risks on using our services and you must consider such risks carefully as you will be bound by the provision of this Terms of Use through your use of this Website.

Upon agreeing to these Terms of Use, Africa Creative Market grants you the non-exclusive, non-transferrable, limited right and license to use the Website. You agree that you are solely responsible for (i) your use of the Website, (ii) any breach of your obligations under the Terms of Use, and (iii)for the consequences of any such breach (including any loss or damage which we may suffer).  

You shall have full responsibility for the operation of your business affairs and for any information and data supplied and received by us and any reliance by us on such information or data shall not diminish that responsibility.

By accepting these Terms of Use, you agree that you have received, read, understood, and agree to be bound by the terms and conditions contained herein, and subsequent amendments thereto, as well as the laws, rules, and regulations now existing or which may hereafter be enacted, issued or enforced. You also agree that you shall use the Website in accordance with these Terms of Use.   

 You are deemed to have read and understood all applicable terms, conditions, rules, regulations, or agreements and will be bound by them (as well as their revisions) accordingly.  You further agree to keep abreast of all such terms, conditions, rules, regulations, or agreements from time to time.  

If you do not agree with these Terms of Use, DO NOT USE OR ACCESS THE WEBSITE. Your use or sign on to the Website shall be deemed as your acceptance of these terms and conditions even where you have not accepted the terms hereof in writing directly or through your authorized representatives.

2. Registration

To access certain features on the Website, you may be required to provide your business or personal information as part of the registration process. You agree to provide true, accurate, current and complete information about yourself and business as prompted by the applicable registration and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Also, you are to protect the confidentiality of your account password/passcode as we are not liable for any loss or damage arising from your failure to protect your password/passcode or account information.  

3. User Representation

You represent, warrant and agree that you shall not make any warranty or representation whatsoever in relation to the Website which may bind us or make us liable in any way whatsoever. You shall not alter, copy, modify or tamper with the Website as provided by us. You further agree not to collect email addresses or other contact information of Users from the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Website or for any other purpose. You further agree that you may not use the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website.

4. Age Restriction

In order to register for our services on the Website, you represent and warrant that: You either possess corporate legal personality or are at least 18 years of age and are legally able to enter into a binding contract.

5. Identity Authentication

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a biometric verification number (BVN), requiring you to take steps to confirm ownership of your email address or financial instruments, or verifying your Information against third party databases or through other sources.

6. Assignment

You may not transfer or assign any rights or obligations you have under this Terms of Use without our prior written consent in its sole and absolute discretion. We reserve the right to transfer or assign this Terms of Use or any right or obligation under this Terms of Use at any time.

7. Communications and Notices to you

By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also agree that we may contact people in your network should we try to reach you to no avail.

8. Consent to Electronic Transactions and Disclosures

Because the Website operates via the Internet, it is necessary for you to consent to transact business online and electronically. As part of doing business with the Website, we also need you to consent to our giving you certain disclosures electronically, either via our Website or to the email address you provide to us. By agreeing to the Terms of Use, you agree to receive electronically, all documents, communications, notices, contracts, and agreements arising from or relating to your use of the Website.

9. Taxes

We are obliged by the applicable laws to collect these taxes on behalf of the government and remit as at when due, failure of which attracts severe penalties. We are not to be held responsible for advising, estimating, calculating and/or remitting any other appropriate taxes that apply to you in Nigeria and abroad outside of our transactions here.

You agree to indemnify us to the full extent of applicable law in the event that any tax authority holds us responsible for any taxes directly or indirectly arising from your use of the Website.

10. Suspension or Termination of Access 

We have the right to deny your access to, and suspend or terminate your access to, the Website for any reason, including for any violation by you of these Terms of Use.

11. Intellectual Property Rights 

We own the intellectual property rights in the Website and all content and materials displayed on the Website. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means), the Website or any material from the Website unless explicitly authorized in these Terms of Use.

You acknowledge that all rights, title and interest in and to the Website, together with its codes, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, trade secrets, proprietary information or other related materials is, and at all times shall remain, the sole and exclusive property of the Company. Except the right to use the Website, as expressly provided herein, this Terms of Use does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Website.

The Company name, the Website and all related names, logos, product and service names, designs and slogans are copyright and trademarks of the Company. You must not use such marks without the prior written permission of the Company or as otherwise set out in these Terms of Use. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

12. Limitation of Liability

To the extent permitted by applicable law, we shall not be liable to you for any cause whatsoever, regardless of the form of the action. As permitted by applicable law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, even if foreseeable, arising under or in connection with the use of, or inability to use our Website and you hold us harmless in respect of:

1. any loss of profits, loss of business, loss of revenue, loss of contracts, loss of goodwill, loss of anticipated earnings or savings (whether direct, indirect, incidental or consequential); or  
2. any loss of use or value or damage of any data or equipment (including software), wasted management, operation or other time (whether direct, indirect, incidental or consequential); or  
3. any special, indirect, punitive, incidental or consequential loss, arising in connection therefrom.  

We shall not be liable for any unauthorized use of the Website, or the consequences thereof.  Such unauthorized usage shall be entirely at your own risk.  

12.1. INDEMNITY  

You hereby agree and undertake to fully indemnify and keep us harmless from and against all actions, claims, costs (including legal costs on a full indemnity basis), losses, charges, expenses and damages which we may suffer or incur as a result of:  

• any fraud, negligence, dishonesty or misconduct (criminal or otherwise) relating to the transactions perpetrated by you, your servants, agents, employees or contractors or the fraud, dishonesty or misconduct (criminal or otherwise) perpetrated by a third party as a result of the negligence or default of you, your servants, agents, employees or contractors.   
• any loss arising from any fraud or dishonesty arising from a breach of security of your software or hardware by a third party on the Website.  
• of engaging in any of the Prohibited Businesses listed in Clause 4 above.

You shall not hold us liable or responsible for any action, claim, cost, expense, damage and loss, including consequential loss or damage or loss of profit, which you may suffer or incur as a result of a breakdown in the Website or when the Website is not available by reason of circumstances beyond our control or arising directly or indirectly out of your use of the Website.  

12.1.2. General Disclaimer 

The services provided under this Website are provided to you “as is,” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. We do not warrant the accuracy or completeness of the service, the suitability of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website.

We give no assurance that the Website will meet any or all requirements you may have, whether or not advised to you.  Furthermore, we give no assurance that the running of the Website will be incessant, uninterrupted or error-free, that defects will be corrected, or that the Website is free of viruses or other harmful components.  

Under no circumstances will any member of the Company staff, management or board be responsible for the Website, its contents, or any incidents arising from the use of the Website.

We do not guarantee the accuracy of any User Content or Third-Party Content. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third-party Content. We are not responsible for the conduct, whether online or offline, of any User of the service via the Website.

We cannot guarantee and do not promise any specific results from use of our services via the Website. The Website and the service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of User communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or on the Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service provided via the Website.

We assume no liability for any and all problems caused by any data, network, database, software, hardware or other operational environmental factors not within our direct control and we shall not be responsible for correcting such problems.

13. Force Majeure

We will not be liable for delay or for failure to perform our obligations if and to the extent such delay or failure results from circumstances beyond our control. Such events include but are not limited to acts of God, fire, flood, invasion, war, revolution, uprising, insurrection, social/public unrest, public disturbance, strike, riots, fire disaster, storm, acts of terrorism, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, and any other circumstance which may hinder or delay the performance of our obligations under this Terms of Use.

14. Data Protection

If you choose to use the Website, you agree to the collection and use of your Personal Data in accordance with the relevant Data Protection laws and our Privacy Policy. We will not use or share your personal information with anyone except where required by law.

14.1. Payment Card Industry Data Security Standards (PCI DSS) 

We understand and agree to comply with PCI DSS and any amendments thereto which are applicable to us in connection with the operation of this Website. We acknowledge that we are responsible for the security of cardholder data in our possession.

15. Dispute Resolution

If a dispute or difference arises as to the validity, interpretation, effects or rights and obligations of the Parties under this Agreement, the Parties shall use their best endeavor to reach an amicable settlement of dispute.

If any such dispute is not settled between the Parties within thirty (30) Business Days, the Parties agree that such dispute will be resolved by a Single Arbitrator appointed jointly by the parties in accordance with the provisions of the Arbitration and Conciliation Act Cap A18 LFN 2004 (ACA).  

Where the Parties fail to agree on a single Arbitrator, within a period of ten (10) days from the date a notice of Arbitration filed by either Party, the President of the Chartered Institute of Arbitrators UK (Nigeria Branch) shall nominate an Arbitrator on the Website of either Party, the decision of the Arbitrator shall be  binding on the Parties, and shall include an order as to the costs of such arbitration, which each Party shall pay such costs.

16. Applicable Law

These Terms of Use shall be interpreted and governed by the laws in force in the Federal Republic of Nigeria.  

17. Waiver and Severability

Our failure to enforce a provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term or terms will be substituted reflecting our intent as closely as possible.

18.  Contact Us

Any question regarding the use of the Website, or comments about the services provided via the Website or its contents should be directed to info@ascendstudiosfoundation.org

19.  Modifications

We reserve the right to change, modify and update these Terms of Use at any time. Your continued use of the Website after any modifications to these Terms of Use shall mean you accept those modifications. Any aspect of the Website or the services provided on the Website may be amended, changed, modified, supplemented, deleted or updated without notice at our sole discretion. You should therefore review these Terms of Use each time you access this Website.

Date of last revision: 30/03/2022