These terms and conditions are intended to govern your access to and use of this Website. Please read these conditions carefully before using the Website. By using the Website, you signify your agreement to be bound by these conditions.
Welcome to AfroPitch.com
Definitions
“Agreement”, “Terms”, “herein”, “hereby”, “Conditions” and similar expressions refer to these Terms of Service and not to any particular Article, Section or other portion hereof, and include any and every instrument supplemental or ancillary to or in implement hereof.
“Content” shall mean text, videos, photos, images, audio, music, sounds, graphics, special effects,images, logos, branding, marks and other files, information and content.
“Subscription Plan” shall mean the then-existing subscription plans for use of the AfroPitch Services as selected by the Subscriber.
“Website” shall mean the Website bearing the URLs *.AfroPitch.com/*
“User” shall mean the person who uses our Website and Services.
About AfroPitch
AfroPitch is a B2B (business to business) service marketplace and directory database that allows users to list, offer, sell and buy digital media and social medium influencer services in a variety of pricing formats and locations.
AfroPitch does not have possession of third party services listed or sold through the Website, and is not involved in the actual transaction between buyers and third party sellers.
AfroPitch does not review users’ listings or content. While we may help facilitate the resolution of disputes, AfroPitch has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return a service.
AfroPitch’s Role
The Website serves as a neutral setting where Users can interact and negotiate with a view to concluding transactions. We make no claims that we have any control over the reliability, security, or legality of any third-party transactions made through the Site.
As a User, you thus acknowledge that the Site is solely for the provision of services, and that any work you do for the Site will only include providing services.
The choice of an appropriate Provider and the negotiation of the Transaction’s terms are both the User’s duty.
On the website, AfroPitch permits independent retailers to list and sell their services. In each of these situations, it is noted on the relevant product information page. AfroPitch is a service provider that aids in transaction facilitation; nevertheless, AfroPitch is neither the buyer nor the vendor of the things being sold by third party sellers on the AfroPitch website. Sellers and buyers can use AfroPitch’s service to bargain and conclude transactions. As a result, only the buyer and seller are parties to the contract that is created when a transaction of these third-party products is complete. AfroPitch is not a party to this agreement, does not take any obligations arising out of or related to it, and is not the seller’s agent. The sale of the goods and handling of any customer complaints or other issues resulting from or connected with the buyer-seller relationship fall under the seller’s purview. For the use of its platform, AfroPitch charges a booking fee; however, it does not offer payment services to independent merchants. Customers of third-party suppliers pay them directly.
No Agency
Nothing in this document should be interpreted as creating an employment, joint venture, agency, or partnership between us and any User. Users of the website may not represent themselves as implying a relationship of any kind with us.
Access
While we make every effort to guarantee that the Site is accessible around-the-clock, we will not be held responsible if the Site is ever temporarily inaccessible. In the event of a system breakdown, maintenance, or repair, as well as for any other factors outside of our control, access to the Site may be temporarily discontinued without prior warning.
Licence and Access
Only insofar as the law permits, you may use the website. If you don’t adhere to these terms and conditions, AfroPitch’s licences to you expire. A limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Website and its related services is granted to you by AfroPitch or its content providers, subject to your compliance with these Terms and Conditions of Use, applicable laws, and your payment of any fees that may be due. This licence does not cover the following activities: selling or collecting product listings, descriptions, or prices; using any service or its content in a different way; downloading or copying customer account information for the benefit of another supplier; or using robots, data mining, or other tools for similar information gathering and extraction.
AfroPitch or its licensors, suppliers, publishers, rights holders, or other content providers reserve and retain all rights that are not expressly granted to you in these Terms and Conditions of Use or other Service Terms. Without our express written authorization, you may not frame or utilise framing methods to enclose any AfroPitch brand, logo, or other proprietary information (including images, text, page layout, or form). Without our prior written approval, you may not use any meta tags or other hidden text utilising AfroPitch’s names or trademarks.
Your Account
To use some AfroPitch services, you might need your own Website account. You might also need to be logged into that account and have a working payment method attached to it.
Any other legitimate payment method linked to your account may be charged if there is a problem charging the payment method you have chosen.
You agree to assume liability, to the fullest extent permitted by applicable law, for all actions that take place under your account or password and for protecting the security of your account and password as well as limiting access to your computer. You are in charge of making sure the information you give us is accurate and up to date and of notifying us if any of that information changes.
You are prohibited from using the website or service in any way that could (a) disrupt, damage, or impair in any way any AfroPitch service, or any access to it; (b) be connected with a criminal offence or other unlawful activity; (c) create irritation, discomfort, or worry. If your behaviour warrants it, we have the right to refuse any service or cancel accounts. This will be the case, in particular, if you violate any of the rules or policies that are posted on the website, including any applicable laws, contractual clauses, or guidelines.
Electronic Communications
You are contacting us electronically when you use the Website, our services, or send us emails. You can expect us to contact you electronically through a variety of channels, including SMS, push notifications, email, and publishing email messages or other communications on the website or through other services. For contractual purposes, you acknowledge that, absent any written requirements to the contrary, all agreements, notices, disclosures, and other communications that we provide to you electronically fulfil any legal requirement that such communications be in writing.
Recommendations and Personalisation
We will determine your preferences and tailor your experience as part of the services by recommending features, and services—including third-party advertisements—that may be of interest to you.
Copyright and Trademarks
All of the text, graphics, logos, button icons, pictures, audio clips, digital downloads, and data compilations that are part of or made accessible through the website are the exclusive property of AfroPitch or its content providers and are therefore protected by international copyright laws. The use of AfroPitch’s trademarks and trade dress in connection with any good or service that is not AfroPitch’s, in any way that might lead to consumer confusion, or in any way that disparages AfroPitch is strictly prohibited. All other trademarks that appear on the website and in connection with the service that are not owned by AfroPitch are the property of their respective owners, who may or may not be linked to, associated with, or endorsed by AfroPitch.
Your Rights and Our Rights to IP
What you possess. All of the Content you give us is your own. You give us a nonexclusive, revocable, worldwide, limited, fully paid-up and royalty-free right to use, copy, create derivative works from, distribute, publish, keep, add, process, or analyse this information solely for the purpose of giving you and your users access to the Applications and Products. You affirm and warrant that you have the right and authority to submit the Content, that it is truthful, and that it does not violate any contractual obligations or the rights of any third party.
Who We Are. Along with all patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how, and other intellectual property and/or proprietary rights relating to the Products, we hold and retain all rights, title, and interest in and to the Products. You do not acquire any additional rights to the Products or ownership of any associated intellectual property rights by using the Products in accordance with these Terms. After you subscribe to the Products, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use our Products and Applications, subject to your compliance with and limits set forth in these Terms.
Ownership of Your Recommendations and Feedback. You thus assign to us all of your worldwide rights, title, and interest in and to any and all feedback, ideas, requests, recommendations, or other remarks you make regarding our Products, including all Intellectual Property Rights therein, even if you are not required to do so. Upon request from AfroPitch, its successors, or assigns, you must sign all paperwork deemed necessary to complete this assignment. You also consent to giving up any right to consent to the use of the rights provided herein and any moral rights you might have in any comments, ideas, or other feedback—even if they are modified or changed in a way you do not approve of. You are aware that none of the rights given in this section will be exchanged for any fees, money, consideration, or payment. Your criticism, recommendations, and other comments are welcomed, but we do not claim ownership of any present or future intellectual property rights, nor do we acknowledge their novelty, prioritisation, or originality.
Ownership of the Statistics. You understand and agree that we may aggregate your data and information from using the Products by you or your Users in a way that does not personally identify you. You agree that we control the statistical data, and we are free to use it for any authorised purpose without having to give you an accounting. You understand and agree that in order to deliver the Products, including but not limited to for product improvement and customer service, we may review data and information resulting from your and your Users’ usage of the Products in the non-aggregated form.The Privacy Policy will apply to any Usage Data that is deemed personal data under the GDPR or personal information under the California Consumer Privacy Act.
Intellectual Property Claims
The intellectual property of others is respected by AfroPitch. Please inform us via the website’s contact form if you feel that your intellectual property rights have been violated in a way that raises suspicions of infringement.
Reviews, Communication and Other Content
Users and visitors to Webister may post reviews, comments, and other content, as well as submit suggestions, ideas, comments, questions, or other information, so long as the content is not objectionable, illegal, obscene, abusive, threatening, defamatory, infringing on the rights of third parties, or otherwise harmful to third parties. It also must not consist of or contain software viruses, chain letters, mass mailings, or any other form of solicitation. You are not allowed to use a fake email address, pose as another person or organisation, or otherwise conceal the sender of a card or other content. Such content may be deleted or edited at our discretion.
If you submit reviews, comments, questions, or other user-generated content to be displayed on the website, you give AfroPitch both (a) a non-exclusive, royalty-free licence to do so and (b) the right to use your name in connection with such content, granting us the right to publish your name alongside such content around the world. This licence includes the right to sublicense such rights to third parties. This provision does not transmit any moral rights.
You affirm and warrant that, as of the date the content or material is posted: the content or material is accurate; the use of the content or material you supply does not violate any applicable policies or guidelines; and the use of the content or material you supply will not inflict harm on anyone or anything. You consent to hold AfroPitch harmless from any lawsuits filed by third parties that result from or are related to the information and materials you provide.
Purchase Conditions
You consent to abide by the following purchase conditions when purchasing a product:
- You are in charge of thoroughly reading the item description before deciding to purchase.
- When you decide to buy anything, you formally enter into a contract to do so.
- Any interaction with a user on the website that is intended to make it easier to avoid paying a website booking fee.
- Sellers may not need favourable feedback from purchasers, and buyers may not utilise threats of bad comments or low detailed seller evaluations to obtain items that were not originally listed.
- Members can’t exchange feedback solely for the purpose of increasing feedback scores, gaining privileges, or enhancing their reputation on our site. Neither can they influence another user’s feedback through a series of repeat purchases, or by leaving negative comments with a positive rating.
- Sellers aren’t allowed to include terms and conditions in a listing that limit or restrict the buyer from leaving feedback.
- Sellers can cancel an order if the buyer hasn’t paid after 4 calendar days and up to 30 days after the order is placed.
- Seller may request to remove feedback left by a buyer who didn’t pay for an order when.
- The seller cancels the order due to the buyer’s failure to pay
- Buyers may not misuse feedback, returns, or the Website dispute processes.
International buying, selling and translation
The Website is only intended for those who access it from England and Wales, even though many of our services are accessible internationally and we may provide approximated local currency conversion and translation facilities. You are responsible for adhering to local laws if and to the extent they apply if you choose to access the Site from a place outside of England and Wales. You guarantee that it is acceptable for you to access the Site from the location where you currently reside. When reading or using its materials, you are in charge of adhering to all local regulations.
You grant us permission to fully or partially translate your content and member chats using automated technologies when such translation capabilities are available. It is impossible to guarantee the availability or accuracy of any translation.
Both the seller and the buyer are responsible for adhering to any and all laws and regulations that apply to the sale, purchase, and provision of services made overseas.
Both buyers and sellers must make sure that all applicable laws, including export and import rules, are followed in their dealings.
On things purchased from abroad, purchasers are responsible for covering customs duties and tariffs in accordance with local laws and regulations. Whether or not these fees must be paid at the time of purchase.
Subscription Plans
Free and Paid Accounts are offered by AfroPitch. Each Subscription Plan’s terms are as further described on the website, subject to modification at our sole discretion. One calendar year is the maximum validity period for a subscription plan; beyond that, it may be renewed at the then-current pricing at AfroPitchs’ sole discretion.
Fees
All payments must be made in advance and are not refundable for our services.
Unless otherwise noted, VAT is not included in any prices.
Even if the sales terms are settled or payment is made outside of AfroPitch, if you are a buyer, you are responsible for transaction costs associated with any transactions made utilising some or all AfroPitch Services. Additionally, if the buyer does not pay a platform booking fee and you, as the seller, offer or reference your contact information or request a buyer’s contact information, you may be required to pay a final value fee in exchange for introducing a buyer to an item on the Website.
When making purchases on the Website, you must already have a valid payment method on file. We may charge additional payment methods on file and hire collection agencies or legal counsel to recover costs owed if your payment method is declined or your account is past due.
You give permission to AfroPitch to charge your preferred payment method automatically in accordance with these terms and conditions. You are still responsible for paying any outstanding balances, and AfroPitch maintains the right to pursue reimbursement through alternative channels as well as any additional fees associated with doing so if payments or sums owed to AfroPitch cannot be made using the payment method on file for any reason.
- Claim Listing Fee: A fee for claim a business listing on the Website.
- Membership Fee: A Website membership subscription fee, valid as stated on the individual package.
- Verification Fee: A fee for AfroPitch verification of your business and obtaining a verification mark.
- Listing Fee: A fee for listing your service on the Website.
- Booking Fee: A platform fee charged by AfroPitch for purchases on the Website.
- Featuring Fee: A fee for promoting you business or service listing on the Website.
Payment Terms
You pay the booking cost directly to AfroPitch at the moment a service is ordered, and you pay the service charge directly to the supplier in accordance with the direct agreement you have with them.
Payment in Application
Monthly Programs For monthly Plans, we will automatically charge you on the same day of the first month of your subscription period. If you choose not to cancel at any time by going to the billing page inside the Application, we will continue to bill you on a monthly basis for your Plan and any Add-Ons. You won’t receive any refunds or credits for prepaid and unused costs for the remaining membership term if you cancel in the month before your Monthly Pay Date, but you will still have access to the Products until the following Monthly Pay Date.
Annual Programs In the case of yearly Plans, we will bill you on the first day of the subscription period and recurringly on the same date each year after that. Unless you choose to terminate your Plan, including any Add-Ons, before the Annual Pay Date by going to the billing page inside the Application, we will continue to charge you for your Plan annually. You won’t receive any refunds or credits for any pre-paid and unused fees for the remaining membership period if you cancel during the term; however, you will still have access to the Products until the next Annual Pay Date. On your Yearly Pay Date, AfroPitch reserves the right to raise the subscription prices for your annual plan.
Authorisation for PayPal and credit cards. By giving AfroPitch your credit card or Paypal information, you give us permission to keep this information with third-party service providers and use your given credit card, Paypal, Stripe, or Escrow account to make purchases until your account is closed. Additionally, you give us permission to process payments using a third-party payment processor. We will contact you to let you know if your credit card is about to expire, is being denied, or if your information needs to be updated. We reserve the right to suspend your account until we receive payment if for any reason your payment cannot be processed.
Late payments and disputes. Any sums you wish to dispute must be communicated to us in writing before the date they would otherwise be due. A financing charge of 2% of the unpaid balance per month or the highest rate permissible by applicable legislation, whichever is smaller, will be applied to any uncontested amount that is not paid by the due date. This charge will be calculated and compounded daily from the day due until the date paid. Additionally, you’ll be responsible for paying back any fees or charges we incur in order to recover overdue sums. You may not withhold or deduct any payments owing to you for any reason from any sums owed to you under these Terms.
Cancellation and Termination
Your termination. You are free to close your account at any time without giving a reason, but doing so will prevent you from getting a refund for any fees you have already paid and not yet used. In addition, any unpaid fees under your Plan for the relevant subscription term will also become immediately due and payable. In the event that we fail to remedy a major breach of these Terms within thirty days of receiving written notification from you specifying the breach, you may terminate your account and obtain a prorated refund of all prepaid and unused fees.
Our termination. If we have a good faith belief that you have violated these Terms, we may limit the operation of the Products or momentarily suspend your account. We shall take commercially reasonable efforts to tell you by email prior to any suspension, unless we feel the need to restrict or suspend access is time-sensitive and requires prompt action without notice, or we are prohibited from such notice under law or legal order. Any of the aforementioned activities will not subject us to liability to you or any third parties. For any of the following reasons, we may close your account and stop you from using the Products:
- If I you do not abide by these Terms,
- You do not pay your fees in accordance with the payment terms outlined in your Plan,
- We give you prior written notice before the conclusion of the subscription period of your Plan,
- A petition for bankruptcy or any other proceeding involving insolvency, receivership, liquidation, or assignment for the benefit of creditors is filed against you;
- We reasonably believe you are acting—or have acted—in a way that could seriously harm AfroPitch’s reputation or the reputation of any of our current or potential partners or clients.
Any termination by us for the aforementioned reasons will not, under any circumstances, entitle you to any refunds of any prepaid and unused fees or release you from your obligation to pay any fees due to us before the termination date. Instead, any unpaid fees under your Plan will become immediately due and payable. Your usage of the Product may be immediately terminated for any suspected fraudulent, abusive, hateful, discriminatory, or unlawful behaviour, and law enforcement may be notified.
After Termination You must stop using the Products if your account is cancelled, and AfroPitch maintains the right to remove your account preferences and Content within 30 days of such cancellation or termination without incurring any liability or providing you with any notice. Except for any Content that remains on Third Party Services in accordance with those Third Party Services’ terms and conditions, once your account settings and Content are destroyed, you won’t be able to restore those account settings and Content.
Listing Conditions
- All listings on AfroPitch are for services; the website does not allow the listing or sale of tangible goods.
- You agree to list in accordance with all applicable laws and standards and are responsible for the truthfulness, propriety, and legality of the item listed.
- Buyers anticipate that every listing they view will contain accurate, truthful, and non-misleading information. As a seller, it is your duty to make sure that when you create your listings, you adhere to these standards.
- These criteria are generally upheld by the Advertising Standards Authority (ASA). Additional information can be found in the UK Code of Non-Broadcast Advertising and Direct & Promotional Marketing (the Cap Code), and the ASA’s website also offers advice and resources.
- It is strongly advised that you read through the CAP Code before creating any listings so that you will know what you should and shouldn’t do.
- For up to 48 hours, keyword or category searches for your listing may not be available right away. AfroPitch makes no promises on precise listing duration;
- You should create your own descriptions and utilise photos that you own or have the right to use to guarantee that you’re accurately portraying your service to potential customers and that you’re not violating anyone else’s content rights.
- Unless otherwise required by law, all taxes (including but not limited to the actual tax amount and any penalties, fines, charges, or late payment interest) associated with your sales on the Website, where applicable, are your responsibility. You agree to pay us as a debt any costs incurred by us, including but not limited to tax, penalties, and interest, imposed by any competent tax authority as a result of your failure to provide a valid VAT registration number and/or your failure to pay any such taxes, penalties, or interest, to the extent permitted by English law.
- At AfroPitch’s discretion, content that transgresses any of its policies may be changed, obscured, or removed.
- We may update, remove, or rectify information in product data related to listings.
- With this marketplace, we hope to help consumers find what they’re looking for. As a result, a number of variables will affect how listings appear or are organised in search and browse results.
- Regardless of the buyer’s preferred sort order, a listing may not display in some search and browse results in order to promote a favourable user experience;
- You accept that we may show the sales and performance history of your listings to other sellers in order to enhance the suggestions experience. Some listing enhancements could only be displayed on specific AfroPitch Services.
- It is not permitted to add well-known keywords to your listings that have nothing to do with your services in order to influence how people search and browse.
- For the sake of taxation and export control, all vendors are required to include precise location information in their listings.
- Active material is not permitted in listings because it can degrade user experience by extending page load times and posing security issues.
- Links that are harmful or offensive may not be included in listings.
- Be very specific and thorough when describing the terms of the transaction. You should mention the payment methods you take, any taxes or other fees that may apply, the postal method and charges, and your return policy. Being open and truthful about these conditions promotes trust and gives your customers a satisfying purchasing experience.
- The following information must be present in your service listing:
- Forms of payment you accept
- Refund policy
- Taxes and any applicable government imposed fees
- Terms of the transaction
- You’re required to meet the expectations you’ve set in your listing
Content
Despite our best efforts, we cannot guarantee the accuracy or completeness of the information on the Site. The Site’s content is subject to change at any time and without prior notification. We cannot guarantee that the information on the Site won’t be out of date.
We provide the information on the Site “as is” and disclaim all representations or warranties with regard to it. Uploading or transmitting anything to or from the website that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, likely to incite racial hatred, discrimination, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or that may cause annoyance or inconvenience is prohibited (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Site. We shall fully cooperate with any law enforcement authorities or court orders requesting or directing us to identify or locate anybody submitting any content in violation of this paragraph.
Typographical Errors
In the case that any product is advertised on our online store at an inaccurate price, we retain the right to reject or revoke any orders made for that product. Regardless of whether the transaction has been confirmed and your credit card has been charged, we reserve the right to refuse or cancel any such orders. If your order is cancelled after your credit card has already been charged for the purchase, we will credit your account with the appropriate amount or give you an online store credit for a different item.
We try to be as precise as we can. However, we can not guarantee that product descriptions or any other site content is true, full, dependable, up to date, or error-free. You realise that your only option if the goods we offer are not as described is to return them in their original packaging in accordance with our exchange policy. Without prior warning, we reserve the right to stop selling any product. All of our product prices are liable to change.
For whatever reason, including shifting market conditions, product discontinuation, manufacturer price changes, typographical errors in advertisements, and other exceptional situations, we have the right to make adjustments to pricing and items.
Copyright Infringement
IIf you feel that any content on our website infringes on your intellectual property rights and you want the allegedly infringing material to be taken down, please provide the following details in a written notification using the subject line “DMCA Takedown Notice” on our contact form. Included in your written notice must be:
- Your written or digital signature;
- Identification of the work(s) protected by copyright that you allege have been violated;
- A list of the content on our website that you think violates your rights and that you want us to remove;
- Sufficient details to enable us to discover such content;
- Your home address, contact info, and email address;
- A declaration that you genuinely believe the use of the offensive material is not permitted by the copyright owner, their agent, or by the law; and
- A declaration that the details in the notification are true, and under oath, a declaration that you are either the owner of the copyright that is allegedly being violated or that you have the owner’s permission to act on their behalf.
Applicable Laws
These Terms and Conditions shall be governed and construed in all respects by the laws of England and Wales.
Our Liability
We will make every effort to provide error-free communications and continuous access to the Website and its related services. This cannot be ensured, though, given the nature of the internet. Your use of the Website and its services may also occasionally be discontinued or limited to make way for maintenance, repairs, or the addition of new features or services. The frequency and length of any such suspension or limitation will be kept to a minimum.
AfroPitch won’t be held accountable for (a) losses that weren’t brought on by a mistake on our end, (b) any business losses (such as lost profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure), or (c) any indirect or consequential losses that weren’t foreseen by you and us when you first started using the services.
If there is a delay or failure to perform our responsibilities under these terms due to an event that is beyond our reasonable control, we shall not be held liable. This clause does not affect your legal right to get a refund if the purchased goods or services cannot be delivered within a reasonable amount of time due to a circumstance beyond our reasonable control.
Dispute resolution
If a dispute arises between you and AfroPitch, we strongly encourage you to first contact us directly via the Website contact form to seek a resolution.
The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between senior executives of the parties, who have authority to settle the same. If the matter is not resolved by negotiation within 30 days of receipt of a written ‘invitation to negotiate’, the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure, or in default of agreement, through an ADR procedure as recommended to the parties by the President or the Vice President, for the
time being, of the Chartered Institute of Arbitrators. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party.
The seat of the arbitration shall be England and Wales. The arbitration shall be governed by both the Arbitration Act 1996 and Rules as agreed between the parties. Should the parties be unable to agree on an arbitrator or arbitrators, or be unable to agree on the Rules for Arbitration, any party may, upon giving written notice to other parties, apply to the President or the Vice President, for the time being, of the Chartered Institute of Arbitrators for the appointment of an Arbitrator or Arbitrators and for any decision on rules that may be necessary. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
Non-Solicitation
You are not permitted to solicit for employment of, or hire, any of our workers who come to your attention while this Agreement is being carried out. You must also refrain from interfering in any other way with our existing business ties.
No Convictions
You guarantee and indicate that you are not currently subject to any judgements or legal procedures that would prevent you from carrying out a transaction in which you are a party or from upholding your duties under this Agreement.
Force Majeure
In the event of an event beyond our control, such as but not limited to natural disasters, war, civil unrest, terrorist activities, states of emergency, government sanctions, embargoes, nationalisations, strikes, or failures of public utilities, we shall not be obligated to fulfil any obligation. This includes but is not limited to measures taken or imposed by any government or public authority.
Confidentiality
You may learn about or come into contact with our documents, business practises, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods, and applications, as well as other aspects of our business, during the course of using the AfroPitch Website or Service. By signing this document, you acknowledge that this information is confidential and belongs to us alone as our unique and exclusive intellectual property. Any sharing of your information with a third party is absolutely forbidden. After this Agreement is terminated, the responsibilities included herein shall remain in effect.
Waiver
If you violate these terms and conditions and we do nothing about it, we will still be able to rely on our legal options if you violate these terms and conditions again.
Affiliate Disclosure
With third parties and affiliates whose goods and/or services we link to and advertise on the website, we might have an affiliate connection. Due to our agreement, we might get paid a commission when users buy things from one of our affiliates.
Export Control
You agree that you will not export, re-export, or transfer any products (including software or other digital goods) that you have bought from the website to anyone or anything that is prohibited or restricted from receiving exports by law. You also concur that if you are the target of restricted measures, you won’t buy anything from the website (sanctions).
Amendments to these Terms and Conditions.
The Website, AfroPitch services, and policies, including these terms and conditions of use, are subject to change at any moment. When using the website, you will be bound by the terms and conditions and policies in effect at that time. Any term or condition that is found to be invalid, void, or for any other reason unenforceable shall be deemed severable and shall not affect the validity and enforceability of any other provision of these terms and conditions.
Children
Children under the age of 16 should not use our website. No information from or on the Website should be submitted by anybody under the age of 16. If you need parental permission to use the website beyond the age of 16, please get it beforehand. Children under 16 are not deliberately subjected to our collection of personal information.
Right to Monitor
In our sole and absolute discretion, we shall have the right (but not the duty) to keep an eye on your Account and all activity associated with it.
Third-Party Integrations and Services
In connection with your use of our applications and products, you may be able to connect to and utilise some external third-party products, services, or software, including some social media platforms and other integration partners. You authorise AfroPitch to share your login credentials with the Third Party Service and give the Third Party Service permission to access or otherwise process your data by enabling the Applications to access such Third Party Service.
You acknowledge that the terms and conditions, acceptable use policy, privacy policy, or any other similar policy or terms that apply to the Third Party Service directly govern your use of that Third Party Service and that AfroPitch does not support, is not responsible for, and makes no representations about the Third Party Service, its content, or how that Third Party Service uses, stores, or processes your data. If you enable a Third Party Service and rely on its rules, privacy practises, and data security procedures, we are not responsible for any harm or loss that results from or is related to that. If the Third Party Service modifies or deletes any of your data, we are not liable or responsible for it. Availability of these Third Party Services and the features and functionality they make accessible to us may affect which features of our Products are available.
Features and functionality of Third Party Services are not under our control, and they are subject to change without prior notification to us. We reserve the right to stop providing access to some of the features and functionality of our Products if any Third Party Service discontinues offering some or all of the features and functionality that have historically been made available to us or discontinues offering such features and functionality on reasonable terms, as determined by AfroPitch in our sole discretion. Any refunds or losses resulting from or connected to any such change made by the Third Party Service or any modification to our Products will not be our responsibility to you. You unconditionally release AfroPitch from any liability relating to such Third Party Services.
Data protection and Privacy
Both you and AfroPitch are required to act as distinct and independent controllers when processing any personal data obtained in accordance with this Agreement. You are each individually liable for adhering to the responsibilities that apply to you as a controller under relevant data protection laws because you are such separate and independent controllers.
You must abide by your responsibilities under any applicable data protection laws, including the General Data Protection Regulation (EU) 2016/679 and any supplemental local, state, and EU regulations. This includes, but is not limited to, the need to offer suitable security measures when transferring personal data to a third country or an international organisation.
You must only use the personal data you receive from AfroPitch for the purposes specified in this Agreement and/or in connection therewith. After the relevant purpose(s) have been achieved, you must immediately delete the personal data obtained under this Agreement. Except when legally needed, no further processing of the personal data is authorised (e.g. if a retention obligation applies). Discipline up to and including account suspension may be applied if the aforementioned requirements are broken.
AfroPitch has access to a variety of user information, including personal data, as part of the Services. This includes information that users provide to AfroPitch as part of the Services (like contact details or item descriptions) as well as information that is generated by the delivery and processing of the Services. You also receive aggregated information on the performance and analysis of your listings, which is connected to the data of other users of the Services and is necessary for the processing of transactions.
Only where it is required for the delivery of the Services or when AfroPitch is otherwise permitted by law or contract will AfroPitch divulge user information to third parties.
We shall remove the data you provided or that was generated as a result of your use of the Services from your AfroPitch account once this Agreement expires. Nevertheless, if we are required by law to do so or have a valid reason to do so, we continue to keep this information after the User Agreement expires. After the Agreement expires, we will typically continue to keep aggregated data created using the Services (such as sales figures for a certain category).
Please refer to our Privacy Policy for information on how AfroPitch processes personal data, including how it may be shared with others and your rights as a data subject.
Brands
All brands shall review and approve any material to be advertised or posted on their behalf for adherence to relevant codes, laws and terms of the platform on which it is to be posted.
Suppliers
All Influencers and Digital Agencies (including their subcontractors) agree to and adhere to these terms and conditions. The supplier shall establish and maintain a non-negotiable minimum standards for health and safety, labour standards, business integrity, and the environment. In addition, we may conduct supplier audits, described below, in order to verify that our suppliers are complying with these requirements. In the event we become aware of any actions or conditions not in compliance with these requirements, we reserve the right to demand corrective measures as well as the right to terminate an agreement with any supplier who does not comply.
Startup Wildcard Influencer Program
The startup wildcard program enables influencers to provide fixed price services on a “dropship” basis. A Brand purchasing the startup wildcard influencer service may select various attributes of an influencer, but the select a influencer at random that satisfies the requested criteria. In these circumstances the influencer will be contract by AfroPitch to provide services. Such Influencer will be bound the following conditions in addition to any project requirements that may be necessary from time to time. In consideration of and subject to the payment of the Fee, the Influencer shall:
- Time is of the essential in the Influencer’s execution of the Deliverables, thus they must be done in accordance with the Agreement;
- Make sure that, absent previous written approval, no brand names, logos, insignia, or items will appear in any Deliverables or be referenced in any way.
- Make sure that none of the Deliverables contain anything that could be seen as defamatory, obscene, unlawful, or that might reasonably be viewed as detrimental or damaging to AfroPitch, the Campaign, or the Partner.
- Ensure that all Deliverables shall not be used for unlawful purposes or in any way that may damage the name or reputation of AfroPitch or the Partner or that of any of AfroPitch’s or the Partner’s affiliates;
- Make sure that none of the Deliverables are used in any way that could be considered illegal or harm the reputation of the Partner, AfroPitch, or any of their affiliates;
- Ensure that all Deliverables do not violate any third party’s rights, including their intellectual property rights; adhere to all applicable laws and advertising regulations; and inform the public in a transparent manner of the Influencer’s business relationship with AfroPitch and, where appropriate, the Partner.
- Learn about and make sure that all Deliverables adhere to the Advertising Standards Authority’s guidelines for blogging and vlogging;
- Not remove the Deliverables in any other way from the Influencer’s social media feed throughout the Display Period starting on the posting date;
- not remove the Deliverables in any other way from the Influencer’s social media feed throughout the Display Period starting on the posting date;
- If and as soon as AfroPitch or the Partner reasonably requests it, modify or eliminate any Deliverables;
- Share appropriate social media metrics for the Deliverables with AfroPitch upon request, such as the quantity of impressions, overall reach, likes, comments, views, replies, link opens, and image saves;
- Maintain adequate insurance coverage in force at its own expense to cover any liabilities resulting from the Influencer’s performance—or lack thereof—of its responsibilities under this Agreement.
- Each Party shall maintain the secrecy of all Confidential Information of the other and the commercial terms of the Agreement, and shall not copy, use, or disclose any such information to any third party, except as may be necessary to comply with its obligations under the Agreement and only in situations where such third party is subject to comparable confidentiality obligations with respect to that Confidential Information. This clause will remain in effect even if this agreement expires or is terminated for any reason.
- The Agreement is not to be intended or construed to form an alliance, agency, joint venture, partnership, or employer-employee relationship between the Influencer and AfroPitch since the Influencer conducts all activities under the Agreement as an Independent Contractor.
- The Parties acknowledge that they have not and will not, directly or indirectly, give, promise, authorise, request, receive, or agree to receive any payment, gift, rebate, contribution, commission, incentive, inducement, or advantage to or from any person in violation of the Applicable Laws relating to anti-bribery, anti-corruption, modern slavery, and facilitation of tax evasion, including the Bribery Act 2010, the Modern Slavery Act, and the Tax Evasion Facilitation Act.
- Without AfroPitch’s prior written approval, the Influencer is not permitted to assign or subcontract any of his or her rights or responsibilities under the Agreement.
- Each Party will use all reasonable efforts to ensure that a third party executes any deed or document and does anything else reasonably necessary to implement the Agreement, and at the request of the other Party, each Party will execute any document and take any action that is reasonably necessary to implement the Agreement.