WEBSITE TERMS OF USE
Effective Date: [●]
These Terms of Use (“Terms”) govern access to and use of the Website http://www.afrowrenproductions.com.ng/ (the “Website”) operated by Afro-Wren Productions Limited , a film production and creative media company incorporated under the laws of the Federal Republic of Nigeria (“we”, “us”, or “our”).
By accessing or using this Website, including purchasing or accessing any online course or training, you agree to be bound by these Terms. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE. You are solely responsible for reviewing these Terms periodically as they may be updated by us from time to time in accordance with these Terms.
- ABOUT OUR BUSINESS
1.1 We are Afro-Wren Productions Limited, a company duly registered under the Companies and Allied Matters Act, Laws of the Federal Republic of Nigeria with RC. No. 6908022.
1.2 Through our Website, we:
- Offer services relating to production and distribution of film, television, and digital media content; and
- provide online courses, workshops, masterclasses, and training programmes relating to film, media, creative arts, and related fields (the “Courses”).
- ELIGIBILITY & USER ACCOUNTS
2.1 You must be at least 18 years old to use this Website or purchase Courses. Registration by, use of or access to the Website by anyone below the age of 18 would be deemed unauthorized, unlicensed, non-contractual and in violation of these Terms.
2.2 Certain features may require you to create an account. You agree to:
- provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to such information to enable us keep information held by us current, complete and accurate;
- keep your login credentials confidential and that you are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password or account;
- immediately notify us of any unauthorized use of your password or any other breach of security. You agree that we shall not be liable for any loss or damage arising from your failure or negligence to maintain the confidentiality/security of your password; and
- that we shall not be responsible for the use of any personal information that you publicly disclose or share with others on the Website. You are obligated to carefully select the type of information that you publicly disclose or share with others on the Website.
2.3 We reserve the right to suspend or terminate accounts that breach these Terms.
- LIMITED LICENSE
3.1 We hereby grant you a non-exclusive, non-transferable, revocable license to access and use the Website and services strictly in accordance with these Terms.
- You agree and understand that your use of the Website and services are solely for personal and non-commercial purposes, except otherwise provided in this Terms.
- COURSES, PAYMENTS & ACCESS
4.1 Course descriptions, pricing, and access terms are displayed on the Website and may be updated from time to time.
4.2 All fees are payable in advance and are non-refundable, except where required by law or expressly stated.
4.3 We reserve the right to:
- modify course content;
- update instructors; or
- suspend or withdraw a Course.
4.4 Sharing login credentials or Course access is strictly prohibited and may result in immediate termination without refund.
- CONDUCT/USE OF THE WEBSITE
5.1 You are responsible for complying with all applicable laws in relation to your use and access of Courses, including copyright and trademark laws.
5.2 You warrant that your use of our services shall not howsoever infringe the intellectual property rights of others. We reserve the right to remove Users who we deem, in our sole discretion, to be infringers of other’s intellectual property rights.
- You agree and understand that by using our Website, you shall not:
- use any information or materials on our Website to develop a competing website or create compilations or derivative works as defined under the Nigerian Copyright Act.
- Re-distribute any information or materials in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism.
- Decompile, disassemble or reverse engineer our Website, services, and any related software.
- Use our Website or services in any manner that violates this Agreement or any Local, State, Federal, or International Laws.
5.4 Additionally, you agree not to:
- contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third-party Website or post any advertisement on behalf of such user; or to “stalk” or otherwise harass anyone;
- make any libellous or defamatory comments or postings to or against anyone;
- collect personal data about other users or entities for commercial or unlawful purposes;
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website
- attempt to gain unauthorized access to computer systems owned or controlled by us or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of our services or the Website.
- use any automated device or software that enables the submission of automatic postings on the Website without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.
- DISCLAIMER AND LIMITATION OF LIABILITY
6.1 We will curate the Website on a ‘best of endeavour’ basis and do the best to ensure that all information on the Website is accurate. If you find any inaccurate information on the Website, please let us know by sending an email to support@afrowrenproductions.com and we will correct it, where we agree, as soon as practicable.
6.2 We give no warranty or assurance about the content of the Website. As the Website is under constant development, its contents may become incorrect or out-of-date and are therefore subject to change without notice. While we make every effort to ensure that the content of the Website is accurate, we cannot accept liability for the accuracy of all content at any given point in time.
6.3 We make every effort to ensure that our computer infrastructure is error and virus-free but do not warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
6.4 Neither us nor any of our agents, employees and licensors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the Website or information, content or materials included on the Website.
6.5 Our aggregate liability to you in respect of any contract to provide services to you under these Terms shall not exceed the total amount paid and payable to us under the any agreement.
6.6 Notwithstanding Clause 6.5 above, in no event shall we or any of our agents, employees or licensors be liable to you for any indirect or consequential loss or damage including, without limitation, any loss of actual or anticipated profits (including loss of profits on contracts); loss of revenue; loss of business; loss of opportunity; loss of anticipated savings; loss of good will; loss of reputation; loss or damage to or corruption of data; loss of use of money or otherwise, and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
WHERE THE APPLICABLE LAW DOES NOT PERMIT ALL OR ANY PART OF THE ABOVE LIMITATION TO APPLY TO YOU, THE LIMITATIONS SHALL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY THE APPLICABLE LAW
6.7 The Website and content or materials available through the Website may contain links to other third-party Websites (“Third Party Websites”), which are completely unrelated to us. If you link to third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. We make no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third-Party Websites, and your linking to any other Websites is completely at your own risk and the we disclaim all liability thereto.
6.8 The information on the Website is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific professional, or other decisions. You should take your own advice and/ or make specific enquiries and independently verify any information before relying upon it.
6.9 You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and us. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website.
6.10 Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser or sponsor’s materials. The inclusion of third-party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation by us and we make no representations or warranties about any product or service contained therein.
- INTELLECTUAL PROPERTY
7.1 Except where expressly stated otherwise, all right, title and interest in and to the Website and all Course materials, lectures, slides, recordings, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of the Website (collectively, “Our Content”) is fully vested in us or our licensors and are protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of the Website or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms.
7.2 You may not:
- copy, reproduce, distribute, sell, sublicense, or commercially exploit any Content;
- record, download, or share course materials except where expressly permitted;
- use our Content to train competing products or services.
- INDEMNITY
You hereby agree to indemnify the us against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us, our owners, licensees, affiliates, subsidiaries, and their respective officers, directors, agents, and employees and arising directly or indirectly out of:
- your breach of these Terms;
- misuse of Website content;
- infringement of third-party rights.
- PAYMENT TERMS
9.1 Payment on the Website is to be made via the designated payment gateway channel prior to delivery of products/services. We do not accept cash or cheque payments.
9.2 While availing any of the payment method(s) offered at the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction(s);
- Exceeding the preset limit mutually agreed by you and between your bank(s);
- Any payment issues arising out of the transaction; or
- Decline of transaction for any other reason(s).
- APPLICABLE LAW AND JURISDICTION
10.1 The laws of the Federal Republic of Nigeria govern these terms and conditions.
10.2 By accessing this Website [and using our services/buying our Course materials] you consent to these Terms and to the exclusive jurisdiction of the Nigerian courts in all disputes arising out of such access.
- AMENDMENTS
At our sole discretion, we may revise the Terms and other Policies contained on the Website from time to time. In the event of any revision, we shall put up a notification to that effect in a conspicuous part of the Website for a period of at least seven (7) days before the Terms and Policies as revised shall become effective. If you continue to use the Website after the effective date contained in the notice, you will be deemed to have agreed to be bound by the revised Terms.
- ASSIGNMENT
These Terms, and any rights, licenses and obligations granted under these Terms, may not be ceded, delegated, transferred or assigned by you. You however agree that we may, at any time and without restrictions, transfer, cede, delegate or assign any or all of its rights and obligations under these Terms. Any cession, delegation, assignment or transfer by you shall be null and void.
- SEVERABILITY
13.1 If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- SERVICE INTERRUPTIONS AND UPDATES
14.1 Upon reasonable written notice to You, We shall have the right to temporarily interrupt the provision of Services for routine or emergency maintenance purposes whenever it is our commercially reasonable judgment that such action is desirable or necessary.
14.2 Notwithstanding the foregoing, you acknowledge and agree that there may be some circumstances in which advance notice is not practicable, such as in the case of emergency or unanticipated failure. In such case, we shall be relieved of our obligations under these Terms only for the period of time that the relevant facilities or systems are so shut down.
- LANGUAGE
15.1 These Terms are drawn up in English Language.
15.2 If any inconsistency arises as a result of translation to another language in your country of use, the English interpretation of the Terms shall prevail.
- TERMINATION
16.1 Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your account, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If you breach the Terms or Privacy Policyor other rules and policies, if any;
- If we are unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other account holders and us.
16.2 We reserve the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our products and services with or without prior communications. You hereby consent that we shall under no circumstance be liable to you or any third party for any modification or discontinuance of availability of products or services on the Website.
16.3 You may stop using the Service at any time by closing your account or ceasing to use the Service. In such event, you will not be entitled to any refund of any fees that you have paid prior to ceasing to use the Website, except as contained in our Cancellation and Refunds Policy.
16.4 You agree that closing your account does not relieve you from any obligations or liabilities which have arisen prior to closing your account or ceasing to use the Service.
- WAIVER OF RIGHTS AND REMEDIES.
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms. Our rights, powers and remedies in these Terms, including without limitation the right to suspend, restrict or terminate any use of the Website, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
- RELATIONSHIP
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Website.
- COMPLIANCE AND COMPLAINTS
19.1 If we receive a complaint relating to use of the Website by you, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate your use of the Website or access to your account.
19.2 If you have cause to believe that any of your intellectual property rights has been infringed by our Content, kindly notify us at support@afrowrenproductions.com and provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
19.3 If you require any clarifications concerning these Terms or have any complaints about our services, please send us an email at support@afrowrenproductions.com , we shall respond to your query within forty-eight (48) hours.
19.4 Please note that we are only obliged to respond to complaints/notices that substantially comply with the above requirements in 19.2.
- LIMITATION OF ACTION
Any cause of action you may have with respect to these Terms or any of the services offered on the Website must be commenced within one year after the claim or cause of action arose, or it will be barred.
