Afriancer.com
User agreement
This agreement was last modified on November 19, 2023.
This user agreement describes the terms and conditions that you accept by using our website or our services. W a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a user submits and we provide such information solely for the convenience of users and the provision of such information is not an introduction, endorsement or recommendation by us.
38. no warranty as to content
The website is a dynamic time-sensitive website. As such, information on the website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our services, the website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
1. the website or any seller services or afriancer services;
2. the accuracy, reliability, availability, veracity, timeliness or content of the website or any seller services or afriancer services;
3. whether the website or seller services or afriancer services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
4. whether defects in the website will be corrected;
5. whether the website, the seller services or the afriancer services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the website, seller services or afriancer services;
6. any third party agreements or any guarantee of business gained by you through the website, seller services or afriancer services or us; or
7. the website, seller services or afriancer services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
39. limitation of liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
1. any indirect, special, incidental or consequential damages that may be incurred by you;
2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this user agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the competition and consumer act 2010 (cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this user agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the afriancer services again or the payment of the cost of having the afriancer services supplied again.
40. legal limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.we may plead this user agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this user agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). any relief awarded cannot affect other users.
41. notices
Legal notices will be served or to the email address you provide to afriancer during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to afriancer must be given by registered ordinary post.
42. law and forum for legal disputes
This agreement will be governed in all respects by the laws of new south wales, Australia. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and afriancer irrevocably submit to the non-exclusive jurisdiction of the courts of kenya.
43. severability
The provisions of this user agreement are severable, and if any provision of this user agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This agreement may be assigned by us to an associated entity at any time, or to a third party without your co or if you wish to report breaches of this user agreement, please contact us by using our customer support website or emailing us at [email protected].