AFIARI TECHNOLOGIES LIMITED TERMS AND CONDITIONS

Introduction

By clicking “YES” you agree to be bound to the terms herein while using Afiari Technologies Limited “Afiari”, “we”, “us” or “our”” and any of its services (“the Services”)

Account Registration

You undertake to provide accurate, verifiable information upon registration. While using the platform, you affirm that you are 18 (eighteen) years of age or at a certain age sufficient to be considered an adult in your country of residence.

Access and Permitted Use

Afiari grants you the license to use its platform, subject to the conditions herein stated. This license shall be limited, non-exclusive and shall be used for Lawful Businesses only. The License is revocable by Afiari with or without reasons. Afiari platform shall be used for supply orders, delivery and inventory management, product data storage, reports generation, product analytics and can be integrated with third-party platform without your permission.

User Content

All contents, data, or information stored on Afiari remains the property of Afiari and can be shared to third-parties without your permission. Contents are co-owned with you and Afiari, and you consent to grant us the exclusive license to process all data, content, information on a going basis. You warrant that all data on the platform are accurate and align with the Afiari terms and conditions contained herein. Confidential Information provided by you is the property of Afiari, and can be used in any manner other than as is stated herein.

Fees, Billings and Subscriptions

Where a payment exists and you click on safe, the payment becomes a continuing one that is auto-renewed. You therefore give consent to this auto-renewal and can cancel anytime. Afiari shall not undertake any refund on already collected fees, bills, or payments through an auto-renewed process that is yet to be cancelled. All payments are calculated inclusive of taxes payable.

Intellectual Property

Afiari shall own the intellectual property on all data placed on the platform. Afiari or any of its subsidiaries shall have rights to all data transferred to it and can use same to its benefit or to the benefit of third-parties. Afiari will hold the rights to use the transferred intellectual property, subject only to Nigerian law. You hereby agree and consent to giving Afiari an irrevocable license to use the transferred intellectual property.

No Warranty

The Afiari platform and its uses are provided “as is”, without any warranty, whether express or implied, as to its accuracy or completeness, operability, use or fitness for a particular purpose, including, without limitation, with respect to the non-infringement of trademarks, patents, copyrights or any intellectual property rights or other rights of third persons and shall not be helkd liable or be a party of a suit relating to its functionality or operability. Users can simply withdraw from the platform, subject to Termination as contained herein.

Return of Information

Upon termination of this Agreement, Afiari has the choice to either keep or return all information supplied by users or destroy or permanently erase (to the extent technically practicable) such information and any copies made by them, in each case save to the extent that Afiari choses to retain any such information in accordance with its internal policy, Afiari shall inform you of any removal or action.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the Terms and Use of the Afiari platform. Afiari can make additional entries to this Agreement and shall only provide notice to you.

Term

The term of this Agreement commences on the date of Registration and shall be valid for a continuous term following the date hereof, unless such term is terminated by the User or Afiari.iari can make additional entries to this Agreement and shall only provide notice to you.

Termination

You can terminate this contract upon cancelation of your account on the Afiari platform. Nonetheless, termination by you is subject to the provisions as contained herein.
Afiari can terminate this contract immediately upon your breaching this Agreement.

Assignment

This Agreement shall not be assigned by you, however any purported assignment by Afiari shall be notified to you as soon as possible.

Amendment

Afiari can make amendments and/or variations to this Agreement at anytime. Afiari shall issue notice upon such amendment.

Severability

If any term or provision of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding that term, all other terms of this Agreement shall remain in full force and effect.

Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the Federal Republic of Nigeria. The Parties shall use their best endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. If the Parties are unable to resolve the dispute through mutual discussion within 14 days of the commencement of such discussions, the dispute or difference of opinion mentioned in this Clause shall be referred to mediation conducted by their legal representatives or financial auditors, where financial matters are involved, failing which the dispute shall be finally resolved by way of arbitration at the instance of either party.

Arbitral proceedings shall be held in Lagos State, Nigeria, and shall proceed in accordance with the provisions of the Arbitration and Mediation Act, Laws of the Federation of Nigeria, 2023, and shall be presided over by a sole arbitrator jointly appointed by the Parties, or failing their agreement on the choice of an arbitrator, nomination of the arbitrator shall be made by the Chairperson of the Chartered Institute of Arbitrators UK (Nigeria Branch), at the request of either Party. Arbitral proceedings shall be conducted in the English Language. Arbitral award(s) shall be final and binding on Parties and shall be delivered within 90 days of the appointment of the Arbitrator. The Parties shall bear their respective legal and ancillary costs.