Terms of Service - Afri Artisans

AfriArtisans.com is the Nigeria’s No 1 home renovations and artisans company, providing an all in one platform for the best artisans professions, tools and materials for home and and office owners

We refer to the e-commerce marketplace on the Afri Artisans Platform as the ” Afri Artisans Shop.” If you visit or make a purchase or sale through the Afri Artisans Shop viawww.afriartisans.com or the related mobile app experience, then this Agreement is also between you and Afri Artisans Limited. are collectively referred to as ” Afri Artisans,” “we,” or “us” in this Agreement.

These Terms provide important information to you, including your agreement to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out. The Terms also cover your agreement to grant us rights to Your Content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.

Which Terms Apply to You

We encourage you to review these Terms carefully. By accessing or using the Afri Artisans Platform in any way, including browsing www.afriartisans.com or related websites, you are agreeing to these Terms. Other agreements and policies listed below also apply to your use of the Afri Artisans Platform. If you do not agree to any of the agreements and policies, you cannot use the Afri Artisans Platform.

The following agreements and policies apply to all users of the Afri Artisans Platform:

Privacy Policy & Cookie Policy: Our Privacy Policy details our privacy practices. By using the Afri Artisans Platform in any way, you understand and acknowledge that the terms of the Privacy Policy apply to you, regardless of whether you have created an account on Afri Artisans. The Cookie Policy also applies to use of cookies and similar technologies.

Acceptable Use Policy: When using the Afri Artisans Platform, you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.

Copyright & Trademark Policy: This Policy outlines Afri Artisans’s policy for responding to and dealing with intellectual property complaints for the Afri Artisans Platform. Users who upload, submit, or provide material to or on the Afri Artisans Platform are subject to the terms of the Copyright & Trademark Policy.

The following agreements and policies also apply to you based on your individual use of the Afri Artisans Platform:

Afri Artisnas Pro Terms & Conditions: If you have a professional account or use the Afri Artisans Platform as a professional or business, your professional profile and use of Afri Artisans Pro is also governed by the Afri Artisans Pro Terms & Conditions.

Afri Artisans Shop Policies: Customers, merchants, and/or other third parties that purchase or sell goods on Afri Artisans Shop are also subject to all other Afri Artisans’ policies such as Afri Artisans Terms of Service, Afri Artisans Prohibited Products Policy, Afri Artisans Return Policy, Afri Artisans Seller Agreement, Afri Artisans Vendor Agreement, Afri Artisans Trade Program and Business Pprograms Terms & Conditions.

Policies from Third-Party Service Providers & Partners: Afri Artisans may partner with other third party service providers (e.g., for financing options for purchases on Afri Artisans Shop) and/or integrate with products and services provided by third parties with their own agreements and policies. Afri Artisans is not a party to your agreement or terms with that third party. For example, if you access the Afri Artisans mobile application, you may also be subject to separate agreements and policies from Apple Inc. or Google Inc.

FOR THE AVOIDANCE OF DOUBT, BY USING THE Afri Artisans PLATFORM AND ANY Afri Artisans PRODUCT, SOFTWARE, OR SERVICE IN ANY MANNER, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT. In the event of any conflict between these Terms and the terms of any separate agreement that you may enter into with Afri Artisans, the terms of this Agreement will control as to the specific conflict only.

Using the Afri Artisans Platform.

Who can use it. Anyone over 18! Use of the Afri Artisans Platform by anyone under 18 years of age is strictly prohibited. Additional requirements for use of Afri Artisans Artisans may apply as set forth in the Afri Artisans Pro Terms and Conditions.

Creating an Account. Access to certain functionalities of the Afri Artisans Platform will require you to sign up with us and to create an account on our Platform. If you create an account, you agree to provide us with accurate information and update your information, including updating the email address associated with your account, as needed for accuracy and notification. We will treat personal information you provide as part of creating an account in accordance with our Privacy Policy.

Termination. You may close your account at any time by going to account settings and deactivating your account. We may permanently or temporarily suspend your use of the Afri Artisans Platform at any time for any reason, without any notice or liability to you. We may terminate your account at any time for any or no reason, including if you violate any Afri Artisans policy (including the Acceptable Use Policy or Prohibited Products Policy). Upon termination of your use of the Afri Artisans Platform or termination from an individual Afri Artisans program, such as Afri Artisans Pro, certain provisions will survive termination.

Your Content.

Definition of Your Content. The Afri Artisans Platform enables you to post, upload, or otherwise submit materials, including without limitation photos, reviews, feedback (as explained below), profile pictures, ideabooks, messages, comments, proposals, invoices, to-do lists, notes, schedules, change orders, time and expense tracking, Room Boards and/or tear sheets. You may also post reviews of professionals, third-party service providers, third-party products, merchants, or third-party services. All materials that you post on the Afri Artisans Platform or otherwise provide to Afri Artisans will be referred to collectively as “Your Content.“

License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, including in the event of termination of any applicable Afri Artisans program or service, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.

Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to Afri Artisans product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Afri Artisans Business Purposes. “Afri Artisans Business Purposes” means any use in connection with a Afri Artisans -branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Afri Artisans Platform, the services or the information it contains, Afri Artisans, or its affiliates. Afri Artisans Business Purpose specifically includes the use of Your Content on the Afri Artisans Platform in connection with features and functions offered by Afri Artisans to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).

Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the Afri Artisans Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use 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. You are responsible for ensuring that Your Content does not violate Afri Artisans Acceptable Use Policy, Afri Artisans Terms & Conditions, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person, individual, or entity by reason of Your Content.

Limits. We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, Copyright and Trademark Policy, Afri Artisans Artisans Terms & Conditions, Prohibited Products Policy, or Review Policy) without notice. We do not guarantee that we will publish or remove all of Your Content.

Feedback and Reviews: We welcome your feedback and suggestions about how to improve the Afri Artisans Platform. Feel free to submit feedback at afriartisans@gmail.com. All reviews provided for products, professionals, or other third parties via the Afri Artisans Platform are also subject to Afri Artisans Policies. For the avoidance of doubt, reviews and feedback are also Your Content. By submitting feedback or reviews in this or in any other manner to us, you grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.

Our Content and Materials.

Definition of Our Content and Materials. All intellectual property in or related to the Afri Artisans Platform (specifically including, but not limited to, our software, the Afri Artisans marks, the Afri Artisans logo, and Afri Artisans buttons, badges, and widgets, but excluding Your Content), is the property of Afri Artisans Limited., its subsidiaries and affiliates or its licensors (“Our Content and Materials“).

Our License to You. Subject to these Terms of Use, including the restrictions below, we grant you a limited non-exclusive license to use and access Our Content and Materials in connection with your use of the Afri Artisans Platform. Except as expressly agreed to otherwise by us (such as your eligibility for creation of a professional profile or your entering into Pro Services, seller, vendor, advertiser, trade, or other agreement with us), your use of the Afri Artisans Platform must be limited to personal non-commercial use. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.

Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. Afri Artisans permission to you for your use of the Afri Artisans Platform expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the Afri Artisans Platform. You may view and print a reasonable number of copies of web pages located on the Afri Artisans Platform for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to Afri Artisans.

Ownership. You acknowledge and agree that the Afri Artisans Platform and Afri Artisans marks will remain the property of Afri Artisans. The content, information and services made available on the Afri Artisans Platform are protected by Nigeria 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 Afri Artisans Platform.

Afri Artisans Buttons, Links and Widgets. You have permission to use the Afri Artisans buttons, links and widgets, including those made available subject to these Terms of Use (including the disclaimers and limitations of liability) and the further understanding that: (a) your use of such buttons, links and widgets link only to the Afri Artisans Platform; (b) you will not modify such buttons, links, widgets or associated code in any manner; (c) you will not use any such buttons, links, widgets in any manner which implies or suggests that we endorse, sponsor, or recommend the website on which such buttons, links and widgets are used; and (d) the use of such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate the Afri Artisans Acceptable Use Policy or prohibited Products Policy.

Payments and Other Offerings on the Afri Artisans Platform.

Purchase of Goods through the Afri Artisans Shop. Afri Artisans Shop and third-party sellers offer home goods, furniture, and other products for sale on the Afri Artisans Platform. If you purchase products on the Afri Artisans Platform, your purchase is subject to the Afri Artisans trms of sale. The availability of products sold by third-parties on the Afri Artisans Platform does not imply our endorsement or verification of the products or their descriptions.

Payment Method. Afri Artisans has the right to store certain information about your payment methods. You must promptly update your payment method and related information (for example, a change in your billing address or credit card expiration date) to maintain its accuracy and completeness. We may update the information and continue billing your payment method (e.g., credit card) even after it has expired or been updated, to fulfill transactions you authorize.

Late Fees. If we are unable to collect amounts owed by you, we may limit your use of the Pro Services. You agree that we may collect those amounts owed using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. In the event that Afri Artisans brings any action or suit to collect any amounts owed, Afri Artisans will be entitled to recover its costs, including reasonable attorneys’ fees incurred in such collection. Any amounts past due will be subject to a late fee of the lesser of 1.5% per month or the maximum amount permitted by law.

Outstanding Balances. For any amounts owed to Afri Artisans by you, including for any chargebacks, refunds, return allowances, non-compliance fees (collectively, “Outstanding Balances”), Afri Artisans may (a) charge any credit card we have on file for you in the amount of any Outstanding Balances or (b) submit an invoice to you for any Outstanding Balances.

Invoice Payments. If you use the Afri Artisans Platform to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law.

Credit Card Disputes. If you are involved in a credit card dispute involving a payment made through or in connection with the Afri Artisans Platform, such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.

Plant and Seed Exchange. You may be offered the ability to exchange plants or seeds with other users in the exchange forums. Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country. Additionally, you agree to follow our policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. We expressly disclaim any liability with respect to plants or seeds offered through exchanges.

Embed Tool. If you are a user of the embed tool, which enables you to link to content on the Afri Artisans Platform, you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.

Promotional Discounts, Coupons, & Offers. From time to time, Afri Artisans may offer promotional coupons for use on Afri Artisans Shop. Promotional coupons may be valid for a limited time only and expire on the date indicated.

Third Party Content, Services & Providers.

Third-Party Content. The Afri Artisans Platform enables access to third-party content, products, and services, such as access to services from professionals, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, Afri Artisans does not conduct background checks or otherwise vet the professionals listed on the Afri Artisans Platform. Participation or availability on the Afri Artisans Platform does not amount to endorsement or verification by us, and Afri Artisans does not endorse or recommend the products, services, or other offerings by any professional, merchants, or other third party featured on the Afri Artisans Platform, including leads provided through Project Match or Select Match. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Afri Artisans Platform by anyone.

Third-Party Services. You may be provided the opportunity on the Afri Artisans Platform to purchase services that are offered by third parties (collectively “Third-Party Services“), including those offered by professionals registered with Professional Profiles on the Afri Artisans Platform. The availability of any Third-Party Services on the Afri Artisans Platform does not imply our endorsement of the Third-Party Services.

Third-Party Sites. The Afri Artisans Platform may contain links to other websites (the “Third-Party Sites“) for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.

Disclaimers and Limitations of Liability.

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF AFRI ARTISANS ENTITIES TO YOU.

THE “AFRI ARTISANS ENTITIES” MEANS AFRI ARTISANS LIMITED, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:

WE ARE PROVIDING YOU THE Afri Artisans PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE Afri Artisans ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

THE Afri Artisans ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE Afri Artisans PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE; AND (vi) USE OF THE Afri Artisans TOOLS, INCLUDING THEIR ACCURACY, COMPLETENESS, RELIABILITY, AND RESULTS.

YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE Afri Artisans ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE Afri Artisans ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE Afri Artisans ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE Afri Artisans PLATFORM OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO Afri Artisans IN CONNECTION WITH THE Afri Artisans PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE Afri Artisans PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.

Indemnification.

You agree to fully indemnify, defend, and hold the Afri Artisans Entities and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Afri Artisans Platform, including Your Content, infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your use of and your activities in connection with the Afri Artisans Platform or other websites to which the Afri Artisans Platform is linked; and/or (d) your negligent or willful misconduct.

Dispute Resolution & Governing Law.

If you have a dispute with Afri Artisans, you agree to contact us through afriartisans@gmail.com to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to the Afri Artisans Platform or involves our services. If you live outside of Nigeria and do not use the Afri Artisans Platform as a professional or business, disputes may also be covered by some mandatory provisions of your local consumer protection law.

Binding Arbitration. You and Afri Artisans agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Afri Artisans Platform (collectively “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Afri Artisans both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Afri Artisans in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.

Class Action Waiver. You and Afri Artisans agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Afri Artisans both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Afri Artisans agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.

Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (if you use the Afri Artisans Platform as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the “AAA Rules“), except as modified by this “Dispute Resolution” section.

Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.

Arbitration Location and Procedure. The seat of the arbitration shall be in San Francisco, California, unless you and Afri Artisans agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Afri Artisans submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.

Arbitrator’s Decision and Governing Law. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the “Disclaimers and Limitations of Liability” section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant’s individual claim.

Fees. Each party’s responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.

Opt-Out. You have the right to opt out of the arbitration provisions by sending a written notice of your decision to opt out to the following address: Afri Artisans Office, 206, Ikorodu Road, Lagos, Attention: Afri Artisans Legal Department. The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 10(h). You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.

Governing Law & Jurisdiction: This Agreement will be interpreted in accordance with the laws of Lagos State and Federal Republic of Nigeria, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in Lagos for any actions for which the arbitration provision,a does not apply.

Disputes with Other Users: If you have a dispute with another user on the Afri Artisans Platform or with any third party, you agree that Afri Artisans is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Afri Artisans, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Afri Artisans Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

Communications.

You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Afri Artisans Platform. By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Afri Artisans Entities and its professional partners, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Afri Artisans Platform, updates concerning new and existing features on the Afri Artisans Platform, communications concerning promotions run by us or third parties, and news relating to the Afri Artisans Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from the Afri Artisans Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Afri Artisans.

If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Afri Artisans Platform, you may opt-out or unsubscribe using your settings.

Address