1. General Agreeing to be bound by the terms and conditions below ("Terms of Use" or "Terms"). Africoders may at its sole discretion modify this agreement at any time, and such modifications will be effective immediately upon posting

Intellectual Property

A. Intellectual property (including copyright and trademarks in the materials and Services) other than those belonging to any person, organisation, company or group displaying, listing or advertising in the Services are owned by Africoders or its partners or affiliates (unless otherwise indicated) and you agree not to infringe on any intellectual property rights owned by Africoders or anyone else.

B. Nothing contained in the Services (including granting you access to the Services) should be construed as granting any license or right to use any intellectual property displayed in the Services without the express written consent of Africoders.

Use of Information in the Services

A. Information contained in the Services is for your personal use only and may not be sold, redistributed or used for any commercial purpose (other than to correct or add information contained in the Services) including, but not limited to, the use of any business contact details for unsolicited commercial correspondence or the creation of customer lists. Any commercial use of this information requires the written consent of Africoders. You may download material from the Services for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

B. You may not modify, copy, reproduce, republish, upload, post, data-mine, scrape, transmit or distribute in any way any material from Africoders or the Services including code and software. You must not use the Services for any purpose that is unlawful or prohibited by these Terms of Use.

Security, Access & Accuracy of Information

A. While Africoders takes all reasonable efforts to ensure the protection, privacy and integrity of any information you may provide, no data transmission over the internet is totally secure and the possibility exists that this information could be unlawfully used or observed by a third party while in transit over the internet or while stored on Africoders's systems or in the Services. To the extent permitted by law, Africoders disclaims all liability to you under the law should this occur.

B. As part of the Services, Africoders may respond to user requests or provide information (such as business information requested by users) to users, by any of the following means: such as telephone or email when appropriate.

C. Africoders cannot give you any guarantee of the accuracy of any business information or entity contained in the Services, including but not limited to the availability of any special offer set out in any listing.

D. You are responsible for obtaining all necessary equipment and services equipment required to access and use the services.

Privacy

A.Africoders will collect and use any information in accordance with its Privacy Policy and users of the Services consent to the collection and use of information in accordance with this policy.

B. You may gain access to your information by emailing the Africoders at privacy (at) Africoders.com.

Links to other Websites, Business and Services

A. In your use of the Services, you may access content from third parties ("Third Party Content") via links to other websites or other forms of contact such as by telephone. Africoders does not control Third Party Content and makes no representations or warranties about it. Africoders does not accept any liability for the reliability, completeness or accuracy of any Third Party Content or for the privacy practices of the Providers of Third Party Content. You agree that by using the Services, you may be exposed to Third Party Content that could be false, offensive, indecent or otherwise objectionable. Under no circumstances will Africoders be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via our Service. You agree that you must evaluate, and bear all risks associated with, Third Party Content. Africoders reserves the exclusive right in its sole discretion to add, decline or remove, without warning, any content, icon, link or other connection to Third Party Content.

B. By using Africoders or the Services, you do not receive any ownership rights in the Third Party Content. You may not use, access or allow others to use or access the Third Party Content in any manner not permitted under the Terms, unless you have been specifically permitted to do so by Africoders or by the owner of that Third Party Content, in a separate agreement.

C. Accessing Third Party Content from the Services should not be construed as granting any right or license to use Third Party Content.

Governing Law

A. These Terms of Use are governed by and interpreted in accordance with the laws of Nigeria. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of Nigeria and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.

B. The invalidity or unenforceability of any of these Terms of Use will not affect the validity or enforceability of any other of these Terms, all of which will remain in full force and effect.

C. Any notice to Africoders must be sent by an email to legal (at) africoders.com

D. Any dispute or difference arising between the Parties with regard to this Agreement shall be first settled by negotiation. Should such negotiations fail, either Party shall refer the dispute to arbitration. Arbitration shall be in accordance with the provisions of the Lagos State Arbitration Law 2009.

User Submissions

A..For any submission of content that you make, you warrant that you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by us will not infringe or violate any law or the rights of any third party. You further agree to indemnify and hold harmless Africoders against any and all claims, damages, legal fees and any other cost that may be incurred by Africoders as a result of breaching this warranty.

B. By submitting any content to our Services, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose including the waiver of any rights in your contribution.

C. Any content submitted to our Services may also be provided to or located at third party computers' servers, websites or services.

D. You are solely responsible for any content that you submit post or transmit via or to our Services.

E. You agree not to post or submit anything to the services that:

1. May contain any computer viruses, viruses or other types of harmful code including anything that compromises the security of the Services or may interfere, disrupt, damage or destroy any information, files or devices that belong to Africoders;

2. may denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise;

3. contains sexually explicit content;

4. is defamatory;

5. makes use of offensive language or images; or

6. Characterizes violence as acceptable, glamorous or desirable.

F. Africoders has no obligation to post any content that you or anyone else submits. In addition, Africoders may, in its sole and unfettered discretion, edit, remove or delete any content that you post or submit.

Proprietary Rights

A. You agree that all content and materials available on the Services is protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from materials or content available on our Services. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal, personal, non-commercial use of our Services.

B. You agree not to systematically retrieve data, including but not limited to addresses and phone numbers of businesses, or other content or any materials from our Services to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You agree not to use of any of our trademarks as metatags on other web sites. You agree not to display any of our Services in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at [email protected] You may, however, establish ordinary links to the homepage of our Site without our written permission.

Discontinuity of Service

A. Africoders reserves the right at any time to modify or discontinue, temporarily or permanently, any and/or all portion of our Services with or without prior notice. You agree that Africoders will not be liable to you or to any third party for any modification or discontinuance of our Services.

Representations and Warranties

A.You hereby represent and warrant to us that:

i. you have the full power and authority to enter into agreements and perform acts under these Terms.

ii. your use of our Services will not infringe the copyright, trademark, right of publicity or any other legal right of any third party. and

iii. you will comply with all applicable laws in using our Services and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other users of the Services.

Disclaimer of Warranties

You hereby agree that:

A. If you use our Services, you do so at your own and sole risk. Our Service is provided on an "as is" and "as available" basis. Africoders expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

B. Africoders does not warrant or guarantee that

i. our Services will meet your requirements.

ii. our Services will be uninterrupted, timely, secure, or error-free.

iii. any information that you may obtain on our Services will be accurate or reliable.

iv. the quality of any products, services, information or other material purchased or obtained by you through our Services will meet your expectations.

v. any information you provide or Africoders collects will not be disclosed to third parties.

vi. any information available on or through the Services will be free of infection by viruses, worms, trojan horses or anything else with destructive properties

vii. the information provided to you by Africoders will be free of any technical or other mistakes, inaccuracies or typographical errors.

viii. any errors in any data or software will be corrected by us or by third parties who provide such data or software such as maps.

ix. that the information available on or through the Services will not contain material which some individuals may deem objectionable. or

x. that the functions or services performed by the Services will be uninterrupted or error-free or that defects in Service will be corrected. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage the user's information or system.

C. If you access or transmit any content through the use of our Services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. and

D. No data, information or advice obtained by you in oral or written form from us or through or from our Services will create any warranty not expressly stated in these terms.

Limits on Liability

A. You agree that Africoders will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if Africoders has been advised of the possibility of such damages), arising from, relating to or connected with.

i. the use or inability to use our Services.

ii. the cost of replacement of any goods, services or information purchased or obtained as a result of any information obtained from or transactions entered into through or from our Services.

iii. disclosure of, unauthorized access to or alteration of your content.

iv. statements, conduct or omissions of any service providers or other third party on our Services. or

v. any other matter arising from, relating to or connected with our Service or these Terms.

B. Africoders will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

C. The Company's aggregate liability to you or any third party in any matter arising from, relating to or connected with our Services is at the Company's sole discretion.

Indemnity

You agree to defend, indemnify and hold Africoders and its officers, directors and employees harmless from any    claim, demand, action, damage, loss, cost or expense, including without limitation, reasonable attorney's fees, incurred in connection with any suit or proceeding brought against us arising out of your use of the Services or alleging facts or circumstances that could constitute a breach of any provision of these Terms of Use by you. If you are obligated to indemnify us, Africoders will have the right, in its sole and unfettered discretion, to control any action or proceeding and determine whether Africoders wish to settle it, and if so, on what terms.

Additional Terms and Conditions of Use

These additional terms and conditions of use ("Additional Terms") apply to all businesses who have or requested to have their business details supplied to Africoders and/or listed on the Services, including free business listings, as well as to all others who choose to advertise with Africoders, and/or on the Services (together in these Additional Terms defined as "Advertisers" or "you").

In conjunction with the Terms of Use, these Additional Terms govern all Advertiser's use of the business listing and finding service, that allow Advertisers to register and/or list your business with Africoders so that users may locate your business when users make certain relevant queries to Africoders, as well as any other form of advertising with Africoders (together "Advertising Services"). Advertising Services include, but are not limited to, displaying certain information about your business from time to time, transferring or diverting calls to you and sending certain information to users of Africoders through various methods such as SMS messages or emails.

These Additional Terms form an integral part of the above mentioned Terms of Use and all Advertisers must read these Additional Terms in conjunction with the Terms of Use. The definitions provided in the above Terms of Use also apply to these Additional Terms and reference to the Terms of Use herein includes reference to the Additional Terms. Moreover, the Advertising Services form part of the Services as defined in the above Terms of Use. As such, everything that applies to Services should, for the purposes of these Additional Terms, be read to also apply equally to Advertising Services irrespective of whether Advertising Services are mentioned separately to Services.

Please also note that further terms and conditions for Advertising Services may be contained in approved order forms and invoices for Advertising Services, promotional and other documentation provided to you by Africoders or its authorised resellers ("Resellers).

Africoders may at its sole discretion modify these Additional Terms at any time, and such modifications will be effective immediately upon posting the modified agreement on the Site. These Terms must be accepted and complied with by all who use the Services in any way.

General

A. The Advertising Service is provided to you by Africoders on an "as is", "as available" basis subject to the provisions contained herein for your personal or business use only. Any other use or attempt to use the Advertising Service for other purposes, directly or indirectly, by you or by a third party is prohibited.

B. Unless explicitly stated otherwise, any new features that augment or enhance the current Advertising Service will be subject to both the Terms of Use and these Additional Terms. Your participation in the Advertising Service is conditional upon your acceptance of the stated Terms of Use and Additional Terms. Your acceptance of these Additional Terms is indicated by your payment for the Advertising Service or, should payment not be required, then by your request, registration or submission to us to list your business or advertise your business with Africoders.

C. If at any time these Additional Terms are no longer acceptable to you, you should immediately terminate your subscription to the Advertising Service in writing and submit at [email protected]

Registering for Advert & Services

A. The Advertising Services may only be offered to you by Africoders or by Resellers.

B. You must provide accurate, complete, and current registration information and you agree to provide the Advertising Service with an update of that information promptly should changes occur.

C. Subscriptions to the Advertising Service are available only to individuals who are at least 18 years of age or to incorporated businesses, sole traders, trusts, partnerships or associations owned or operated by individuals who are at least 18 years of age.

D. Africoders will, at its absolute discretion, determine the categories, key words and anything else used to categorize or describe businesses for the purposes of users finding them by using the Services. Moreover, Africoders may change at any time its methods and algorithms used to help users find the information they are looking for, including changes to business categories and classifications as well as to various key words or terms. Advertisers further agree as a condition for advertising with Africoders that Africoders reserves the right to re-classify Content, entitling Africoders to withdraw Content from one category and to re-publish Content in another category.

E. Africoders may terminate, at its own discretion, any registration or Advertising Service whether active or inactive, including without limitation any or all related information, communications, postings, web pages, websites or services, at any time, without notice, for any reason or no reason, including without limitation for conduct that violates local, state or federal laws or regulations or the Terms, or material that Africoders, at its own discretion, believes is harmful to others, the business of Africoders or other third party information or service providers.

F. Upon submission, registration or request to use the Advertising Service and on an ongoing basis, you will be asked to provide certain business and other information in order for you to effectively advertise on Africoders. For Africoders to properly communicate with you and for other purposes such as billing (together "Content"). For further details on the type of information we collect and how we use the information, please see our Privacy Policy and the Terms, in particular Section 11 below.

G. You assume all risk and responsibility for determining whether any and all Content is in the public domain, regardless of any notices which may be posted on such Content ("Public Content").

H. Any information supplied by you upon registration for the Advertising Service and certain other information which we may collect is subject to our Privacy Policy in Section 11 below.

I. Africoders reserves the right to charge a set-up and/or administration fee from your account upon registration or upon renewal of the Advertising Service but will only do so by first providing you with notice of any such charge.

J. As a registrant of the Advertising Service, you acknowledge that there is no guarantee that your Public Content will be located or used by users of Africoders, nor is there any obligation on Africoders to make sure that users locate or use your Public Content.

K. You further acknowledge that there may be other Advertisers' Public Content or other business information provided to Africoders that may, at any time and for any reason, be shown to users ahead of or instead of your Public Content.

Advertiser Conduct

A. You, as an Advertiser and user of the Advertising Service, understand that all information contained in your Content, whether publicly posted or privately transmitted, is your sole responsibility. This means that you are responsible and may be held legally liable for all Content that you upload, post or otherwise transmit via the Advertising Service or other Services.

B. Africoders does not control, actively monitor or review the Content uploaded, posted, transmitted or made available on or through the Advertising Service and Africoders will not be responsible for any Content and does not guarantee the accuracy, integrity or quality of such Content.

C. Advertisers agree at all times to deal with any Services, information or products provided by Africoders or accessed via Africoders or its Services in a manner which complies with all applicable laws (including privacy and copyright laws).

D. Advertisers must ensure that all Content provided by them to Africoders comply with the Terms, all applicable legislation, regulations, by-laws, ordinances or codes of conduct, including but not limited to the Consumer Protection Council Act, Trade Malpractices (Miscellaneous Offences) Act, National Information Technology Development Agency Act and similar laws applicable in the Federal Republic of Nigeria and the intellectual property rights of others. Advertisers agree to keep Africoders, its officers, employees and agents fully indemnified against any losses, costs, expenses, charges, damages or liabilities incurred in relation to any actions or claims brought by any person or entity against Africoders, its officers, employees or agents as a result of an actual or alleged breach by an Advertiser of any law, regulation, by-law or code of conduct, breach of another's intellectual property rights or such other actions or claims brought as a consequence of your use of the Services.

E. Advertisers may not assign or transfer any rights and obligations under these Terms to any other person or entity without Africoders's prior written approval. If an Advertiser is a company, any change in that Advertiser's effective control will be deemed an assignment for the purpose of this clause.

This page was last updated: 21/06/2016.