AfroCharts Downloadable Digital Contents Terms and Conditions of Sale

1.0 Introduction

These terms and conditions set out the terms and conditions between you, the customer, and AfroCharts LLC (“us”, “we”), governing the use of our website, App and digital contents on our platform including the content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of the Digital Contents.

2.0 License and Use

Your purchase of digital contents on AfroCharts grants you non-exclusive, non-sublicensable, non-transferable license to download and access your purchased contents for the purpose of your own personal use within the AfroCharts App. You agree that under no circumstances shall you use, or permit to be used, any digital content other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of the digital contents, whether modified or not, to any third party. You agree not to use any of the digital contents in a way which might be detrimental to us or damage our reputation.

3.0 Intellectual Property

The digital contents, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain the Content Providers sole and exclusive property. You agree that under no circumstances, whether the digital content has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the digital content.

4.0 Refunds and Chargebacks

Once a digital content has been purchased by you, no right of cancellation or refund exists due to the electronic nature of t. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of the digital contents are final and may not be charged back. We reserve the right to change any of the prices from time to time.

5.0 Warranties and Liability

We make every effort to ensure that digital contents on our platform are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the digital contents, and we provide no warranties as to the function or use of the digital contents, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.

6.0 General

These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital contents, and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. These terms and conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these terms and conditions or our relationship with you.

Contacting Us

Please do not hesitate to contact us regarding any matter relating to this Downloadable Digital contents Terms and Conditions of Sale Policy via email support@afrocharts.com

Last updated: 11 November 2021