Disclaimer / Terms of Service

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The author/owner of Club Afrika & Affiliated Websites assumes no responsibility for errors or omission despite having taken great care in the preparation of the content herein. No liability is assumed for any damages whatsoever.

Club Afrika will not be responsible for any damages your business may suffer. Club Afrika makes no warranties of any kind, expressed or implied for the services we provide. Club Afrika disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Club Afrika and its employees. The services provided by Club Afrika are provided AS-IS and without any warranty expressed or implied. Club Afrika reserves the right to revise its policies at any time.

Several items mentioned on this website are trademarks, registered trademarks, or service marks of the specified companies. Club Afrika contains links (Graphical & Text)  to other Web sites. Please note that when you click on one of these links, you are then transferred to another Web site. We encourage you to read the privacy / terms of service statements of these linked sites, as their policies may differ from those of Club Afrika. Club Afrika is not responsible for the content of external internet sites.

All accounts and or agreements established within this site are bound by this Terms of Service

• Club Afrika will utilize its best efforts to maintain acceptable performance of services, but Club Afrika makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Club Afrika cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Club Afrika will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Club Afrika shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Club Afrika.



• Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against Club Afrika, its agents, its customers, servants, officers, employees, that may arise or result from services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Club Afrika against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Club Afrika services; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold through Club Afrika services. As a result of this, Customer agrees that Club Afrika shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Club Afrika. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.



• "Third party" - Refers to all partners of Club Afrika whose products are downloadable via www.clubafrika.com and all constituent websites. Please read this DISCLAIMER carefully before downloading or installing any software from Club Afrika and all affiliated websites. If you do not agree with this disclaimer, then do not download or install any software from this website. You agree that your use of the THIRD PARTY product is completely at your own risk and that Club Afrika shall not provide you with support of any kind. You also understand that the Third Party author of this download may require you to agree to certain terms and conditions between you and the Third Party author in order for you to use such author's software. If Club Afrika is the author of such software, the download will be labeled as owned by Club Afrika and Club Afrika may require you to agree to certain additional terms and conditions in order for you to use the software. This DISCLAIMER is the fundamental element of the basis of the bargain between Club Afrika and you. You agree that Club Afrika would not be able to provide access to the DOWNLOADS without such limitations.



• Disclaimer of all warranties and technical support
  THE PACKAGES ARE PROVIDED TO "AS IS" BASIS AND "WITH ALL FAULTS," WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM CLUB AFRIKA. CLUB AFRIKA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES FOR THE PACKAGES INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.



• Disclaimer of damages
  NEITHER CLUB AFRIKA NOR IT'S AFFILIATES NOR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF CLUB AFRIKA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES/COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. CLUB AFRIKA'S  TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO $5.



• The Customer may only use Club Afrika's products & services for lawful purposes. In the event that at any given time, Club Afrika believes that a service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Club Afrika has the right to immediately discontinue such service to Customer without liability. The following are restrictive uses and shall be cause for the immediate termination of services and this Agreement without notice to the Customer:

  1. Unauthorized distribution or copying copyrighted software, violation of export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;

  2. Unsolicited advertising via email and/or 'Spamming' is a violation of applicable spam laws in your locality and a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Club Afrika reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities in your locality for appropriate prosecution. Reference: Existing & Emerging Spam Laws

  3. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, "mail-bombing" (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Club Afrika reserves the right to determine what is Net abuse;

  4. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
  

These Terms of Service are in addition to other terms posted elsewhere on the website. Club Afrika reserves the right to change the features and functionality of its services at any time and without prior notice. Club Afrika will provide advanced notice to all users if such changes affect usage.