AfriMarketSquare Terms of Service

These Terms of Service ("Terms"") govern your use of the websites, mobile applications and services (collectively, the "Services") provided by AfriMarketSquare (as defined below).

1. General

These Terms applies to all users of the Services, including without limitation users who are sellers, buyers, merchants, or contributors of content, information and other materials. If you are entering into this agreement for and on behalf of a business entity, and the term "you" in this agreement shall mean the business entity on whose behalf you are using the Services, unless the context does not permit.

These Terms are between you and AfriMarketSquare or between you and any different service provider identified for a particular Service. For ease of reference, each of AfriMarketSquare. and its subsidiaries are referred to in these Terms as "AfriMarketSquare".

By using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to observe and be bound by these Terms and the additional terms and conditions and policies referenced herein and/or available by hyperlink.   

AfriMarketSquare reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.

If you have any questions, please refer to our Help Centre.

2. Use of the Services

Subject to your compliance with these Terms, AfriMarketSquare grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.

You shall use the Services in accordance with these Terms and shall not:

  • Upload any Content (as defined below) that violates or infringes another party's rights of publicity, privacy, copyright, trademark or any other intellectual property right.

  • Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services.

  • Make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services.

  • Violate any applicable laws, rules or regulations in connection with your access or use of the Services.

  • Use the Services in violation of or to circumvent any sanctions or embargo.

  • Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of AfriMarketSquare or its affiliates, partners, suppliers or licensors.

  • Use the Services for any purpose for which it is not designed or intended.

  • Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by AfriMarketSquare.

  • Use any proprietary information or interfaces of AfriMarketSquare or any other intellectual property of AfriMarketSquare in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.

  • Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person's privacy, or racially, ethnically or otherwise objectionable.

  • Use the Services to send automated, unsolicited or unauthorized messages, advertising or promotional material or any junk mail, spam or chain letters.

  • Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.

  • Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.

  • Collect any information in respect of other users without their consent.

  • Commit any act to avoid paying any applicable fees and/or charges.

  • Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory. 
  • Authorize or encourage anyone to do any of the foregoing.

AfriMarketSquare reserves the right to claw back any cashback's, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.

3. Account

You would need to have an account with AfriMarketSquare ("Account") in order to use some parts of the Services. When you create an Account, you represent and warrant that:

  • If you are an individual, you are at least 18 years of age.

  • If you are representing a company, organization or any other legal entity ("Entity"), you have authority to bind the Entity to these Terms.

  • You are capable of entering into and performing legally binding contracts under applicable law.

  • All information which you provide is accurate, up to date, truthful and complete.

If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You, therefore agree to:

  • Keep your password secure.

  • Keep your account information up to date at all times.

Unless expressly permitted by AfriMarketSquare and subject to these Terms and any other additional terms as AfriMarketSquare determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or user ID to another party and must not use another user's Account without their permission. 

3.1 AfriMarketSquare Pro Subscriptions

In addition, you may also purchase AfriMarketSquare pro subscriptions ("AfriMarketSquare Pro Subscriptions") for access and use of additional features and Services via a subscription service on or via any of the Platforms (as defined below) or any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

Any such purchases shall be in accordance with AfriMarketSquare's prevailing subscription rules and fees.  

4. Fees and Payments

Depending on the type and/or number of listings you choose to post and any additional services you may request in relation to your Account or listing, you may be charged subscription fees, listing fees, charged for the AfriMarketSquare Coins you may purchase and/or fees and charges otherwise in relation to your Account or listing (collectively, the "AfriMarketSquare Fees").

You may pay your AfriMarketSquare Fees using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also pay your AfriMarketSquare Fees through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

You acknowledge and agree that:

  • in the event of a subscription or recurring payment, you shall ensure that all payments are made and cleared by your bank before each monthly and/or annual recurring payment is due. For payments by credit card, your credit card account must be in good standing and remain valid for the monthly/annual charge(s) to be debited successfully. In the event of an unsuccessful payment, your AfriMarketSquare Pro Subscription will automatically be suspended and/or terminated if payments are not received within ten (10) days from due date;

  • If your credit card has expired, or if you wish to use a different credit card, please notify us promptly by sending an email to support@afrimarketsquare.com at least 14 days before your next subscription fee payment is due. Please indicate "Expiry/Change of CC details" at the subject header;

  • save as set out in Clause 3 above, all subscription fees, listing fees and/or other fees and charges paid by you to us with respect to your Account or otherwise for your access to and use of the Services, are non-refundable. For the avoidance of doubt, there will be no refunds of any AfriMarketSquare Fees in the event that: (i) your Account is suspended or terminated due to a breach of these Terms; and/or (ii) any Content has been removed in accordance with these Terms;

  • You shall make prompt payment of all AfriMarketSquare Fees, in full before the due date stipulated by AfriMarketSquare for such payment (where applicable) and in accordance with our payment instructions. In the event of late payment or non-payment of amounts due to AfriMarketSquare, without prejudice to any other rights or remedies available to us, AfriMarketSquare shall be entitled to: (i) terminate and/or suspend your Account and/or your access to the Services; and/or (ii) charge you a late payment fee on the overdue amount at the rate of 1.5% per month, or, if lower, the maximum rate allowed by applicable law. You shall pay such fees together with the overdue AfriMarketSquare Fees and any legal fees and collection costs incurred by AfriMarketSquare in collecting any past due amounts. This fee will be applied on the day after the payment due date and will applied each month until the overdue amount is paid;

  • in the event your Account is suspended or terminated for any reason any amounts due on your Account will immediately become due and payable. AfriMarketSquare reserves the right to immediately charge any amounts you have not previously disputed to the billing method that you are using and shall be entitled to terminate your Account, without prejudice to any other rights or remedies available to us; and

  • you are responsible for collecting and paying any taxes associated with using and making sales through the Services. Depending on the tax legislation of your country of residence, goods and services tax or similar consumption tax might apply in addition to your fees.

5. AfriMarketSquare is a Venue

The Services provide a venue for users to interact with each other, and to buy and sell items. AfriMarketSquare does not pre-screen a user or the Content provided by a user, nor is AfriMarketSquare directly involved in transactions between users. Consequently, AfriMarketSquare has no control over, and you agree that AfriMarketSquare is not responsible or liable for, any of the following:

  • The quality, safety, morality or legality of any aspect of the items listed.

  • The truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items.

  • The true identity, age, nationality, or sense of humour of a user.

  • Any Content posted by users.

You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about an item which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While AfriMarketSquare endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.

6. Content

The Services allow users to create listings and share content, such as photos, videos, comments, data, text, links and other information ("Content").

You retain ownership rights in the Content which you upload or share on the Services but you grant AfriMarketSquare a worldwide, fully-paid, royalty-free, sub-licensable, and transferrable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to AfriMarketSquare's Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services.

You understand and agree that you are solely responsible for the Content which you post or share on or through the Services and any loss or damage which you sustain as result of such Content is solely your responsibility.

You acknowledge that AfriMarketSquare does not pre-screen Content uploaded by users. AfriMarketSquare shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available on the Services. Without limiting the foregoing, AfriMarketSquare shall have the right to remove Content, without liability or the obligation to offer a refund, in any of the following events:

  • If the Content is in breach of these Terms.

  • If AfriMarketSquare has received a complaint or notice of infringement in respect of the Content.

  • If the Content is otherwise objectionable.

AfriMarketSquare may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

7. Selling and Buying on AfriMarketSquare

In using the Services to create a listing and offer an item for sale, post a job opening and/or offer a service (as the case may be), you agree to comply with the following:

  • All items must comply with these Terms and AfriMarketSquare's policies, which can be found on this document.

  • You must provide a fair, accurate and complete description of each item, including your price for the item.

  • Each item, job opening and/or offer of services must have its own listing.

  • Your listing for an item may only include text, descriptions, graphics, images and other content relevant to the item. All Content contained in a listing must be true, complete, accurate and not misleading in any manner whatsoever.

  • All items, job opening and/or offer of services must be listed in the appropriate category.All job listings must comply with all applicable laws, regulations, guidelines or policies and any notices, guidelines and/or policies issued by the Gorvermental office in charge.

  • Where a specific attribute ("Specific Attribute") in your job listing has to be included and where the Special Attribute may be viewed as discriminatory, you shall ensure that the Specific Attribute is a reasonable requirement for the job listed. You must provide the reason for requiring the Specific Attribute in your job listing.

  • Any links included in your listing leads to your personal or corporate website and must not include any links to third party websites.

You acknowledge and agree that AfriMarketSquare has no control over any website other than the AfriMarketSquare website and shall not in any event be responsible or held liable for any expired job listing which appears on any website other than the AfriMarketSquare website or any expired job listing which is retrieved by any search engine.

Without prejudice to the rest of these Terms and AfriMarketSquare's policies, you warrant, in respect of each job opportunity, services and/or item which you offer for sale on the Services (as the case may be), that:                                                    

  • You are the owner of the item, and the item is not stolen.

  • The item is not counterfeit and does not infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights.

  • The sale of the item complies with all laws and regulations which apply to that item.

  • The item is not dangerous, hazardous or subject to a recall by a government or manufacturer.

  • All selection criteria stated in a job listing are clear, objective and relevant and does not refer to age, race, language, gender, marital status and religion, except where it is a Specific Attribute.

  • The Content in any listing does not infringe or violate any applicable laws and regulations, the intellectual property rights or proprietary rights of a third party.

All offers made and accepted through the Services are binding.

If you are a seller who has accepted a buyer's offer for an item:

  • You agree to ship the item or otherwise complete the transaction with the buyer in a prompt manner unless there is an exceptional circumstance, for instance, if the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the buyer's identity.

  • You may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the item. However, you must not charge excessive shipping fees or otherwise avoid fees.

  • You may not alter the item's price after a sale, or misrepresent the item's location and price.

If you are a buyer whose offer for an item has been accepted by a seller, you agree to make prompt payment to the seller for the item, unless there is an exceptional circumstance, for instance, if you are cannot authenticate the seller's identity.

In communicating with a user through the Services for the offering of or acceptance of a job listing and/or services or purchase or sale of an item (each, a "Transaction"), you may obtain personal information of that user, such as their email address, phone number and mailing address. Without obtaining prior permission of the user, you shall use such information solely for the purpose of the Transaction.

Notwithstanding the foregoing, as AfriMarketSquare is not involved in Transactions which are considered solely between users, AfriMarketSquare cannot ensure that a user (whether as a buyer or seller) would follow through and complete a Transaction.

8. AfriMarketSquare Protection

In using the Services to create a listing and offer an item for sale, a seller may choose to enable AfriMarketSquare's in-app checkout feature, AfriMarketSquare Protection ("AfriMarketSquare Protection"). AfriMarketSquare Protection allows you to use the following checkout & payment service ("Payment Service") and shipping services ("Shipping Service") (collectively "Payment and Shipping Services") for purchase or sale of items on the Platform.

Ensuring users of the Services are protected while transacting on the Platform our top priority. For this reason, additional protection is available to sellers and buyers who transact through AfriMarketSquare Protection.

8.1 Shipping Service 

AfriMarketSquare Protection allows a seller to: (i) specify available delivery option(s); and (ii) specify delivery fees for each available delivery option and/or select the applicable delivery fees from the list available on the Platform, through AfriMarketSquare Protection, for an item listed on the Platform. When a buyer places an order of the item, the buyer shall choose an available delivery option specified by the seller and shall be responsible for paying the stipulated delivery fees for such delivery option. The seller is responsible for ensuring all the information (including delivery fees ) specified by the seller using the Shipping Service is correct. The seller shall charge only the delivery fees applicable to the delivery method chosen by the buyer in accordance with this section, as stipulated at the time when the buyer places an order.

Sellers are solely responsible for delivering sold items to buyers via the delivery option chosen by the buyer. You acknowledge and agree that AfriMarketSquare has no control over any delivery of the items sold through the Platform, including but not limited to the delivery fees and method specified by sellers.

Buyers are encouraged to choose a tracked and/or registered delivery option as they bear the risk of any lost deliveries in the event of an untracked delivery. In the event of any tracked delivery that does not arrive, a seller may be required to provide valid proof of delivery that allows AfriMarketSquare to verify that the item was dispatched to the address provided by the buyer for the specific order. In any event, AfriMarketSquare is not responsible for any delays, delivery failures, damages, or losses resulting from the Shipping Services.

8.2 Additional Terms

If you use any of the Payment and Shipping Services, you acknowledge that such services shall be subject to or governed by additional terms and conditions of third party service providers, partners, subcontractors and/or agents ("Additional Terms").

8.3  Prohibited Items

You further agree that you are responsible for all purchases and/or sales using AfriMarketSquare In-app checkout under your Account, including transactions which you did not authorise.

9. Disputed AfriMarketSquare Protection Transactions

If you and/or an user of our Services files a dispute through the Platform in connection with any Transactions made through AfriMarketSquare Protection (each, a "Disputed AfriMarketSquare Protection Transaction") between you and the user, you agree to comply with the procedures set out in the guidelines and FAQ (available) ("AfriMarketSquare Resolution Procedures").

If you and the user are unable to agree or resolve such dispute in accordance with the relevant procedures set out in the AfriMarketSquare Resolution Procedures, you agree that such dispute shall be finally resolved by AfriMarketSquare, which shall be binding and final, subject to any applicable laws and regulations. You agree to comply with AfriMarketSquare's decisions and instructions in connection with such dispute. You further agree to release AfriMarketSquare and/or its related corporations from any demands, claims, actions, proceedings, suits, liabilities, damages, costs and expenses in connection with or arising out of any of your disputes with users of our Services in connection with the Disputed AfriMarketSquare Protection Transaction.

You acknowledge and agree that AfriMarketSquare and/or its related corporations may, at its sole discretion: (i) freeze and hold the money paid in connection with the Disputed AfriMarketSquare Protection Transaction ("Disputed Money") unless the dispute is resolved; (ii) return or provide any portion of the Disputed Money to the buyer and/or seller; (iii) require the buyer to return the item bought through the Disputed AfriMarketSquare Protection Transaction ("Disputed Item") to the seller; (iv) require the seller to refund the Disputed Money to AfriMarketSquare (or its related corporations) or the buyer; and/or (v) require the seller to exchange the Disputed Item with a replacement for the buyer. You agree to comply with all AfriMarketSquare's instructions in accordance with this Clause.

In the event of a Disputed AfriMarketSquare Protection Transaction which involves an investigation by the police or other government or regulatory authority, subject to (i) any laws, rules, regulations or any binding order or direction of governmental and other regulatory authorities or the courts in any relevant jurisdiction, and/or (ii) any claims made by any third party relating to the Disputed Money, AfriMarketSquare may, at its sole discretion: (a) freeze and hold the relevant Disputed Money for a minimum of one year  (unless the dispute is resolved); and (b) thereafter, return or provide any portion of the Disputed Money to the buyer and/or seller at AfriMarketSquare's reasonable discretion.

10. AfriMarketSquare Coins

If you choose to purchase AfriMarketSquare Coins, the following additional terms and conditions as set out in this Clause 10 apply to you. You are advised to read these additional terms and conditions carefully. 

Relevant entities in respect of AfriMarketSquare Coins

  • Please kindly note that AfriMarketSquare Coins are considered as a stored value facility under. Blockbyte Tech LTD, the holder of the AfriMarketSquare's Coins stored value facility, does not require the approval of the Monetary Authority. 


10.1 General Terms

  • a. AfriMarketSquare Coins is a pre-payment only for the goods and services offered by AfriMarketSquare   and/or its subsidiaries through the website at https://afrimarketsquare.com, and all related domains and sub-domains, as may be amended or updated by us from time to time and/or the AfriMarketSquare mobile application software, including all its features and content and the services that AfriMarketSquare makes available on or through it, and any and all updates, upgrades, supplements, enhancements and releases thereto as may be provided by us from time to time (collectively, the "Platforms"). AfriMarketSquare reserves the right to:
    • limit the use of any AfriMarketSquare Coins; and/or
    • reject your request to purchase AfriMarketSquare Coins,

if we reasonably believe that the use is in breach of these Terms, unauthorized, fraudulent or otherwise unlawful. Without limiting the foregoing, AfriMarketSquare shall have such rights in any of the following events: (a) the aggregate amount of stored value held by AfriMarketSquare Coins, directly or indirectly, alone or together with any person over whom AfriMarketSquare has control or influence, to exceed $30 million; or (b) the amount of AfriMarketSquare Coins held by you equals to or exceeds $1,000, notwithstanding Clause 10.3 below .                                             

10.2 Purchase of AfriMarketSquare Coins 

You may purchase Coins by using a credit card, debit card, cheque or by way of telegraphic or other electronic means of transfer. You may also purchase AfriMarketSquare Coins through any of the methods as may be made available on the Platforms or as may be notified to you from time to time.

By selecting a particular payment method, you are agreeing to the terms of service of the relevant processing partner and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the selected payment method. Any personal data which you provide to us in respect of the purchase of AfriMarketSquare Coins will be held in accordance with AfriMarketSquare's Privacy Policy and by proceeding with the purchase, you are hereby agreeing to this arrangement. In addition, we have no control over the content and privacy practices of such sites or resources. You are advised to review the privacy policies of these sites and resources operated by third parties and understand how your information may be used by those third parties.

10.3 AfriMarketSquare Coins of more than $1,000  (or the equivalent in the local currency)

Your Account shall not be able to contain stored value of more than $1,000 (or the equivalent in the local currency), unless expressly permitted by AfriMarketSquare and subject to the terms and conditions as provided in this Clause 10.3.

You acknowledge and agree that AfriMarketSquare shall have the right (but not the obligation) to permit you to hold stored value of more than $1,000(or the equivalent in the local currency) in your Account provided that AfriMarketSquare (or where applicable, any third parties appointed by AfriMarketSquare for the purposes thereof) shall:

11. Disputes with users

Without prejudice to Clause 9, if you are in dispute with a user of our Services, you are encouraged to contact that user to resolve the situation amicably. If the dispute is notified to AfriMarketSquare, AfriMarketSquare will attempt in good faith to facilitate resolution of the dispute but is under no obligation to resolve the same. You release AfriMarketSquare from any claims, demands and damage arising out of your disputes with users of our Services.

12. Intellectual Property

You acknowledge and agree that the Services and all copyright, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of AfriMarketSquare. Furthermore, you acknowledge and agree that the source and object code of the Services and the format, directories, queries, algorithms, structure and organization of the Services are the intellectual property and proprietary and confidential information of AfriMarketSquare. You are not granted any intellectual property rights in and to the Services not expressly granted in these Terms and such rights are hereby reserved and retained by AfriMarketSquare.

The Services may utilise or include third party software that is subject to open source and third party licence terms ("Third Party Software"). You acknowledge and agree that your right to use such Third Party Software as part of the Services is subject to and governed by the terms and conditions of the open source and third party licenses applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, licence terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licences, the terms of the open source or third party licences shall prevail with regard to your use of the relevant third party software. In no event shall the Services or components thereof be deemed to be open source or publicly available software.

You are not authorized by AfriMarketSquare to use AfriMarketSquare's trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of AfriMarketSquare, which may be withheld for any or no reason.

13. Reporting Unauthorized Content

AfriMarketSquare respects the intellectual property rights of others and we expect the same of our users. If you believe that there has been unauthorized use of your intellectual property rights by a user, please contact us at here to report the same to us.

AfriMarketSquare reserves the right to suspend or terminate your account and/or your access to the Services if there are repeat complaints against you of intellectual property infringement.

14. Suspension and Termination

You may deactivate your Account at any time through the "Settings" section of your Account.

AfriMarketSquare reserves the right to, at its sole discretion, and without liability:

  • Suspend or terminate your Account and/or your access to the Services at any time, for any breach of these Terms, our guidelines, any additional terms and conditions and policies.
  • Suspend or terminate your Account and/or your access to the Services at any time, for any reason, and without advance notice.

  • Change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, you will lose any information associated with your Account, including Content. It is your responsibility to backup the Content which you upload to the Services.

Upon termination, all licenses and rights granted to you in these Terms will immediately cease.

16. Live Streaming

"Content" includes any sound, sound sequences, music, text, still pictures, photos, moving pictures, videos, software programs, codes or other audio-visual representation or audio-visual combination, or the tactile representation or any combination of the preceding which you may view from the AfriMarketSquare Platform, or upload to the AfriMarketSquare Platform and which is capable of being created, manipulated, stored, retrieved or communicated electronically. Content includes, but is not limited to, Live-stream Content, PGC, UGC, and comments, reviews and other user interactions posted to Live-stream Content, PGC and UGC.

"Live-stream Content" means the streaming of live Content through the Internet to the AfriMarketSquare Platform using AfriMarketSquare's live Streaming tools and may be accessed by any AfriMarketSquare User. AfriMarketSquare's live-streaming tools comprise of a system which allows real-time streaming of video and audio content from AfriMarketSquare approved accounts to the Live-streaming section of the AfriMarketSquare Platform, which content may be viewed by all registered users and/or anyone who visits the AfriMarketSquare Platform.

"PGC" means Content that is generated by any third party commissioned or hired by AfriMarketSquare to generate such Content.

"Presenter" means any person who appears or features in Live-stream Content. Presenters include persons who host Live Stream Content or otherwise present a segment of a Live-stream Content.

16. No Warranty

You acknowledge and agree that the Services are provided on an "as is" and "as available" basis, and that your use of or reliance upon the Services and any content, products or services accessed or obtained thereby is at your sole risk and discretion.

AfriMarketSquare does not represent or warrant that: (a) the use of the Services will be secure, timely, uninterrupted or error free or that they will be compatible or operate in combination with any other hardware, software, system or data; (b) the Services will meet your requirements or expectations; (c) errors or defects in the Services will be corrected; or (d) the Services and AfriMarketSquare's servers are free of viruses or other harmful components.

All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent permitted under the law.

The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the computer or electronic device you use). AfriMarketSquare is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.

No advice or information, whether oral or written, obtained by you from AfriMarketSquare or from the Services shall create any representation, warranty or guarantee. Furthermore, you acknowledge that AfriMarketSquare has no obligation to support or maintain the Services.

AfriMarketSquare disclaims any and all liability or responsibility in relation to the content made available through the Services, including but not limited to the Content uploaded by users or the third party content and services. AfriMarketSquare is not responsible or liable in any manner for the third party content and services associated with or utilized in connection with the Services, including the failure of such third party content and services. 

In addition, the Services may promote, advertise or sponsor functions, events, offers, competition or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subjected to separate terms and conditions; your participation in such activities is solely at your digression and risk. AfriMarketSquare does not accept any responsibility in connection with your participation in activities conducted by any other party.

17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.

IN NO EVENT SHALL AfriMarketSquare OR ITS SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY THIRD PARTY CONTENT AND SERVICES, OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONDUCT OR THE CONDUCT OF OTHER USERS IN CONNECTION WITH THE USE OF THE SERVICES INCLUDING WITHOUT LIMITATION DEATH, BODILY INJURY, EMOTIONAL DISTRESS AND/OR OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OR PERSONS YOU MEET THROUGH THE SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT AfriMarketSquare WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AFRIMARKETSQUARE'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FEES RECEIVED BY AfriMarketSquare IN RESPECT OF THE SERVICES GIVING RISE TO SUCH CLAIMS OR, WHERE RELEVANT, SHALL NOT EXCEED THE AMOUNT OF SINGAPORE DOLLARS THEN STANDING TO THE AfriMarketSquare COINS IN YOUR ACCOUNT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Indemnity

You will indemnify and hold harmless AfriMarketSquare, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.

19. Compatibility

AfriMarketSquare does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that AfriMarketSquare and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.

20. Miscellaneous

You and AfriMarketSquare are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.

Except as provided herein, any failure by AfriMarketSquare to exercise a right or require performance of an obligation in these Terms shall not affect AfriMarketSquare's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent and any attempted assignment or delegation in contravention of this provision shall be null and void and of no force or effect.

These Terms constitute the entire agreement between you and AfriMarketSquare and supersedes all prior or contemporaneous understandings and/or agreements between you and AfriMarketSquare.

21. Governing Law and Jurisdiction

You hereby agree that the laws of Nigeria shall govern this Terms and that the courts of Nigeria shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.

Last updated on 28 Jan 2021