Terms of Use

AfriMod.com (AfriMod) is a website and online service owned and operated by Viquest Creative Limited, an Ontario, Canada corporation (sometimes herein “AfriMod”, “Viquest” “We” or “Us”).

This page explains the terms by which you may use our online and/or mobile services and web site (“Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in our Privacy Policy whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, buyers, sellers and others who access the Service (“User” or “you”).

The Portal
AfriMod is a marketplace and a community enabling makers of handmade goods to deliver directly to consumers worldwide.

Listing and Selling
Registering and Opening a Shop on AfriMod is free. All listings must be for sale. You must accurately describe your items and state all terms of sale in your AfriMod shop and include text descriptions, graphics, pictures and other content relevant to the sale of that item.

AfriMod is not directly involved in the transaction between buyers and sellers and has no control over the quality, safety, morality or legality of items listed or accuracy of listing. AfriMod does not guarantee the sellers ability to sell or the buyers ability to pay for goods. Buyers of Goods and Sellers share the responsibility for making sure that purchases facilitated by our Service are satisfactory and hassle-free.

By listing an item on the Site you warrant that you have the rights to legally sell the item. All sellers are encouraged to outline shop policies such as, shipping, returns, payment and selling policies for their AfriMod shop. AfriMod reserves the right to request that a seller modify a shop policy.

Sellers may obtain personal information, including email address and shipping information, from another AfriMod user during transactions. This personal information shall only be used for that transaction or for AfriMod-related communication. AfriMod does not grant you (Seller) the rights to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from the User, you are not licensed to add any AfriMod User to Your email or physical mail list.

You agree that it is possible for an outside website or a third party to re-post your AfriMod posted Content. You also agree that if you choose to display your AfriMod-hosted image on another website, the image must provide a link back to its listing page on AfriMod.

Password
You are fully responsible for all activity, liability and damage that may result from your failure to maintain password confidentiality. You agree to immediately notify AfriMod of any unauthorized use of your password. You agree that AfriMod cannot not be liable for any loss or damage arising from Your failure to keep your password secure.

Eligibility
You may use the Service only if you are 18 years or older and can form legally binding contracts under all applicable local, state, national, and international laws, rules and regulations. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. AfriMod may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time.

You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or AfriMod Content. You agree not to add to, subtract from, or otherwise modify AfriMod Content, or to attempt to access any AfriMod Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Ownership:
You acknowledge and agree that the AfriMod Platform and AfriMod marks will remain the property of Viquest Creative Ltd. The content, information and services made available on the AfriMod Platform are protected by Canadian and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the AfriMod Platform.

Your Content:
AfriMod Platform enables you to post materials, including without limitation photos, profile pictures, messages, files, goods listings, commentary and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service. You may also post reviews of third-party service providers, third-party products, or third-party services (“Reviews”). All material that you display on the AfriMod Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the AfriMod Platform, Your Content may be viewed by the general public and will not be treated as private or confidential.

Your Responsibilities for Your Content:
By posting Your Content on the AfriMod Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to the use of Your Content in accordance with this agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content.

AfriMod does not claim ownership rights in your Content. You grant AfriMod a worldwide, non-exclusive, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, reformat, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.

You agree not to post User Content that: a) may create risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to any other person, b) promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; c) may create risk of loss or damage to any person or property; d) seeks to harm or exploit children by exposing them to inappropriate content; e) may constitute or contribute to a crime; f) contains any information or content that AfriMod deems to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including any Intellectual Property Rights or rights of privacy.

You agree to use the Site for lawful purposes only. You agree not to take any action that might affect the security of the Site, render the Site partially or wholly inaccessible to others or otherwise negatively alter or damage the Site or the AfriMod Content. You agree not to add to, subtract from, or otherwise modify the AfriMod Content, or to attempt to access any AfriMod Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Website for your personal use only and as permitted by the features of the Service. AfriMod reserves all rights not expressly granted herein in the Service and may terminate this right at any time for any reason or no reason.

Information Control
You agree that you may find some Content to be offensive, inaccurate, or deceptive. You also agree that there are risks of dealing with people acting under false pretense. You agree that AfriMod (officers, directors, agents, subsidiaries and employees) is not responsible for any and all acts or omissions of users on AfriMod.

AfriMod does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by factors outside AfriMod control.

You shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on AfriMod net income).

AfriMod, and other AfriMod graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks of AfriMod and Viquest Creative Ltd of Toronto, Ontario. Canada.

Third Party Advertising:
AfriMod Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by AfriMod. In accordance with applicable law, these companies use cookies, web beacons, and other tracking technologies to collect information (not including your name, address, email address or telephone number) about your visits to this AfriMod and other sites in order to provide targeted advertisements to you. This enables us and these third parties to target advertisements to you for products and services in which you might be interested, based upon your activities on our Site and other websites. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about members, or allow them to collect certain information through our Site (e.g., IP address and demographic information), but we do not disclose your name, contact information or other personally identifiable information.

AfriMod does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You expressly relieve AfriMod of any and all liability arising from your use of any third-party website, service, or content.

Plug-ins and Social Media Widgets:
AfriMod may include social media features and widgets, such as the Facebook Like button and the “Share” button, as well as other interactive mini-programs that run both on AfriMod and on third-party websites, and enable certain features to work (e.g., blogs and comments). These features may collect your IP address, which page you are visiting, and may set a cookie to enable the feature to function properly and for other purposes. When these features are displayed on our Site they are hosted by third parties, and are subject to their own privacy policies, not this one. Your interactions with these features are governed by the privacy policy of the company providing them.

Arbitration
In the event of disputes, we will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact Us directly and work with Us to resolve a dispute. If a dispute cannot be resolved, this agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration by the Canadian Arbitration Association in Toronto, Ontario, Canada except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any court in the province of Ontario (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be under non-appearance-based arbitration conducted online and be solely based on written submissions, using the English language in Toronto, Ontario. Canada. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.