Acceptance of Terms
The services that Afro Online provides to its Users is subject to the following Terms of Use ("TOU"). Afro Online reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. This Agreement, which incorporates by reference other provisions applicable to use of Afro Online, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in Afro Online, sets forth the terms and conditions that apply to use of Afro Online by User.
Prohibitions
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Afro Online will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
You may not use Afro Online to post content or engage in any conduct that is (in our sole evaluation) offensive, harmful, or inappropriate for general audiences, or that we believe constitutes or is likely to encourage or promote any harmful, violent, or illegal activity or outcome. Below, you will find more information about the types of activities, events, and content that are not permitted on or through the Afro Online Service:
1. Don't Promote Illegal or Inappropriate Activities
Afro Online may not be used to facilitate harmful or criminal activity of any kind. You may not create or promote events on the Afro Online Services that constitute or promote any of the following, as determined by Afro Online:
• Explicit sexual activity (including escort services), or pornography,
• Illegal gambling activity,
• Sale or ingestion of illegal drugs, other illegal substances, or nutraceuticals,
• Cannabis, cannabis samples or cannabis-infused products provided for free, for purchase by the Organiser, or as part of a ticket price, attendee sharing of cannabis, or dispensary tours,
• Activities that principally promote any other commercial product or service, such as an "infomercial," unless such promotion is expressly indicated to users in a legally sufficient way, such as through a prominent "Advertisement" disclosure,
• Unauthorised multi-level marketing businesses,
• Credit repair services,
• Activities that demean, harass, intimidate, threaten or express hatred towards any societal group, whether based on race, ethnicity, religion, national origin, gender identity, sexual orientation, disability, age, or veteran status,
• Sale, distribution or unlawful use of (i) firearms, firearm parts or hardware, and ammunition; or (ii) weapons and other devices designed to cause physical injury, or
• Terrorist activity or organised criminal activity.
2. Don't Post Hateful/Dangerous Content, or Events By Hateful/Dangerous Organisations
Afro Online does not permit on our platform content or organisations that promote or encourage hate, violence, or harassment towards others and/or oneself. Specifically, we prohibit content or organisations that promote hate towards or the harassment of individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, sexual orientation, or gender identity. This prohibition extends to the public promotion of this type of prohibited behavior whether or not specific to any event or content appearing as part of the Services.
3. Don't Post Harmful or Illegal Content
We expect you to respect the individuals, organisations, and groups that are a part of the Afro Online community. You may not distribute any written or other content through the Afro Online Services that:
• Impersonates any person or entity, including without limitation any governmental officials or public figure; falsely states or otherwise misrepresents your affiliation with any person or entity; or expresses or implies that Afro Online endorses any statement you make without express written approval to do so,
• Promotes or encourages hate or dangerous content (as we've also described above),
• Defames or libels any other person,
• Invades any person's privacy, or contains a person's likeness without their permission,
• Harasses, threatens or seeks to intimidate any person (also described above),
• Is fraudulent, deceptive or tortious, or
• Is protected by copyright, trademark or trade secret law, unless you have the express prior written consent of the owner of such right.
4. Don't Resell Tickets, Engage in Prohibited Sales or Advertising
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from this Website for commercial purposes, ('screen scraping') is prohibited without license.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Afro Online or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Afro Online and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Afro Online™, Afro Online.link™ and Afro Online.store™ are trade marks belonging to Afro Online Limited. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Afro Online Limited.
Afro Online Community Areas
• Registration
Afro Online reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
• Use of our services
The Services may contain messaging services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). You must use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Afro Online has no obligation to monitor the Communication Services. However, Afro Online reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Afro Online reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Afro Online reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Afro Online's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Service. Afro Online does not control or endorse the content, messages or information found in any Communication Service and, therefore, Afro Online specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Service. site administrators and content moderators are not authorised Afro Online spokespersons, and their views do not necessarily reflect those of Afro Online.
You own all of the content and information you post on the Website. In addition:
For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Afro Online (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Afro Online may also share your contribution with trusted third parties.
This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that Afro Online is not obliged to publish any material submitted by you on any Afro Online publication.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users , to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
We always appreciate your feedback or other suggestions about Afro Online, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
By submitting any material to us, you agree to use the Afro Online Community Areas in accordance with the Community Guidelines and these Terms and Conditions.
If you do not want to grant Afro Online the permission set out above on these terms, please do not submit or share your contribution on the Community Areas.
The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Afro Online. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
For Online Purchasers
If you want to exercise your right of returns of the product under the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you must inform the concerned Seller about your intention with the reason of cancellation in writing within the period of 14 days from the delivery of the product. This is known as a "Cooling Off Period". This right is not applicable in case of fresh products for examples flowers, fruit baskets or food items, products made to your personal measurement or specifications or personalised for you. As we are not the Seller of the products, we do not owe the responsibility of this return and refund. You must take care of the goods and return them to the Seller in this case, (you may have to pay for the costs of returning the goods) or make them available for collection. Additional information will be found in the Sellers own Terms and Conditions.
We cannot intervene in any contract or purchase made between you and any of our Sellers or Partners outside of the Website. We will make every effort to verify the identity of Sellers and Partners but we ultimately have no control over the accuracy of any posting or identity of Sellers.
You shall indemnify and keep indemnified us against all costs, claims or liabilities incurred by us and arising out of any engagement of the Seller and/or as a result of any breach of these terms by you. We shall not be liable to you in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity due to any kind of dealing with the Seller by you;
You understand when you register with the Website, either for a permanent account or guest account, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Act 1998, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
For Sellers
You agree that our role is only to introduce you to the Online Purchaser. We do not guarantee any purchase or other kind of engagement by the Online Purchaser or the monetary value of any anticipated sales through the Website. Your contact with the Online Purchaser is without any liability upon us.
You understand that you are not our agent, employee, partner or in any other relationship and you do not have authority to enter into any commitment on our behalf unless specifically authorised in writing by us;
The products must be your own to sell, they must fit in with our terms of lifestyle, health and well-being and you may not sell on behalf of someone else. You must comply with our Seller Code.
You undertake to hold adequate cover of public liability insurance at all times during applicability of these terms in your case; the offered products may not be illegal such as weapons, knives, you may not supply any tobacco or any other drugs or intoxicants; products containing alcohol may only be received by the purchaser or their nominated recipient who must be over 18 years of age.
You may not promote or sell any item which may embarrass or offend Afro Online Limited or their members/beneficiaries. You must not mislead the Purchasers with any false or misleading pictures or descriptions of the product.
Your products must comply with the applicable health and safety requirements under the UK and EU laws. Product descriptions must include any warnings that are necessary, an example of this is the sale of toys that must clearly show appropriate age ranges, or warnings on products which may contain nuts. The materials used for producing goods must be legal and safe under all required UK and EU safety requirements.
You undertake to supply the products as per the governing law in the United Kingdom. You also undertake to hold any registration and a valid licence from appropriate authority or authorities as may be application for your business.
Sellers must add their own terms for delivery, including delivery timescales and any special delivery options. Delivery timescales must be realistic to avoid undue stress to the Purchaser. Delivery must be made by a trackable delivery service; item pick-up should not be given as an option, unless from a registered business address.
You must supply true and correct information about yourself for the purpose of these terms. You further undertake that you have all authority experience of dealing in the products as displayed on the Website. All the certificates and information as may be required in support of your undertaking will be self-verified by you to be true and correct.
You will indemnify us for any breach of these terms on your part in addition to any other terms that we may communicate to you from time to time.
Returned and replacements products must be advised to us before they are sent to the Online Purchasers. You are responsible for authorising refunds, you will not be reimbursed for any commission or charitable donation arising from refunds that are caused by non-delivery, faulty or substandard goods.
You understand when you register for the Website, you will be asked to provide us with certain information. For the purposes of the Data Protection Act 1998, you consent to the processing of your personal data (in manual, electronic or any other form) relevant to this agreement, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the EEA.
In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that we may carry out our own investigations into your fitness or otherwise to supply goods via our Website using any methods we choose. disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.
You may list your products or any other website but not knowingly at a price that undercuts the prices listed on the Website, the commission structure including the crowdfunding is part of our business model and prices should not be uplifted as a consequence.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Afro Online and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Afro Online's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Afro Online and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Afro Online.
Indemnity
You agree to indemnify, defend and hold harmless Afro Online, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
Afro Online shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
If you have a complaint about Afro Online, please contact our Customer Care team here:
- via email here support@afroonline.link
- via post to Afro Online Customer Care, 16 Grosvenor Road, Birmingham, B20 3NP
In the unlikely event that our Customer Care team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, then you may refer your complaint to the Retail ADA which is a certified Alternative Dispute Resolution Provider (www.retailadr.org.uk). We will respond to any complaint referred to us by The Retail ADA:
Or, you may be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Afro Online. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Afro Online.
Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, Afro Online recognises its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- Working hours
- Rates of pay
- Terms of employment
Afro Online will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Afro Online continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.