theFATE website
TERMS OF USE FASHION AFRICA TRADE EXPO

Last Updated – January 01, 2021

 

TERMS OF USE FASHION AFRICA TRADE EXPO

1) Overview

theFATE is also known as Fashion Africa Trade Expo, trading is the operator of
www.fashionafricatradeexpo.com (the " Site") and trades and operates under the UK
registered company Africa Fashion Guide Ltd. We are registered in England and
Wales under number 08469060. Our registered office is at 45 Africa House, London
E17, UK. Our VAT number is 0000000.

Throughout the site, the terms “we”, “us” and “our” refer to theFATE and Africa
Fashion Guide Ltd. theFATE offers this website, including all information, tools and
services available from this site to you, the user, conditioned upon your acceptance
of all terms, conditions, policies and notices stated here.
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (in either case, “you”) and Africa Fashion Guide
(“we,” “us,” or “our”), concerning your access to, and any visit and use of the website
www.fashionafricatradeexpo.com and any other platform or service relating thereto,
such as the theFATE sourcing platform (the “Platform”) (collectively, the “Site”).
These terms & conditions govern the relationship between brands and
manufacturers, and between brands or manufacturers and Africa Fashion Guide Ltd.
Access to and use of the website and the services available through the website are
subject to these terms & conditions. These terms & conditions apply to the brands,
manufacturers and other users of the website.

By accessing, visiting, browsing or using this Site, and/or purchasing something from
us you acknowledge that you have read and agreed to be bound by these Terms of
Use (these " Terms") and you engage in our “Service”. If you do not agree to these
Terms, you should not use or access this Site. These are including those additional
terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of
content.

You agree that by accessing the Site, you have read, understood, and agreed to be
bound by these Terms of Use and the policies incorporated by reference herein.
Please note that these terms of use include a provision requiring you to pursue
certain disputes through individual arbitration. If you do not agree fully with these terms of use or our privacy policy, then you are expressly prohibited from using the site and you must discontinue such use immediately.

Any new features or tools which are added to the current store shall also be subject
to the Terms of Service. You can review the most current version of the Terms of
Service at any time on this page.

theFATE reserves the right to revise, update, change or replace any part of these
Terms of Service by posting updates and/or changes to our website at any time by
updating this posting. This will not change these Terms in relation to orders which
have been placed and acknowledged by theFATE before the change is made. You
are encouraged to review these Terms each time you use the Site because your use
of the Site after the posting of changes will constitute your acceptance of the
changes. By agreeing to these terms it also constitutes your agreement to the
theFATE Terms and Conditions.

We reserve the right, in our sole discretion, to make changes or modifications to
these Terms of Use at any time and for any reason and without notice to you, to
revise the products and services available, to change, suspend or discontinue any
aspect of the Site and we will not be liable to you or to any third party for doing so.
We may also impose rules for and limits on the use of the Site or restrict your access to
part, or all, of the Site without notice or penalty. Your continued use of the Site will
constitute your acceptance of any such changes. We will alert you about any
changes by updating the “Last Updated” date of these Terms of Use, and you waive
any right to receive specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates. You will be
subject to and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your use of the Site after the date such
revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to, or use by, any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
the requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent such local laws
are applicable.
The Site is intended for users who are at least 18 years of age. All users who are
minors in the jurisdiction in which they reside (generally under the age of 18) are not
allowed to use the Site.

2) Use of the Site

The Site is available to registered users who are 18 years and older and who have
not been suspended or removed by theFATE for any reason. By agreeing to these

Terms of Service, you represent that you are at least the age of majority in your
country of residence, or that you are the age of majority in your country of residence
and you have given us your consent to allow any of your minor dependents to use
this site.
You may use the Site only for your own non-commercial personal use and in
compliance with these Terms. You are responsible for your own communications,
including the transmission, uploading or posting of information and are responsible
for the consequences of such communications to the Site. Any other use of the Site
requires the prior written consent of theFATE. You may not otherwise copy, modify,
or distribute the contents of this Site without the express written permission of
theFATE. You may not modify, publish, transmit, participate in the transfer or sell,
create derivative works from, or in any way exploit, any of the content, in whole or in
part, found on the Site.
You may not use our products for any illegal or unauthorised purpose nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You may not use or transmit any spiders, worms, viruses or any code of a
destructive nature, or any robots, data mining techniques or other automated devices
or programs to catalogue, download or otherwise reproduce, store or distribute
content available on the Site. You may not resell use of, or access to, the Site to any
third party without our prior written consent. A breach or violation of any of the Terms
will result in an immediate termination of your Services.
You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavours except those that are specifically approved by us herein.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
or communicate and interact with other Site members in a manner, in our sole
discretion, that is deemed inappropriate, obscene, or otherwise objectionable, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law of these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4)
in our sole discretion and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are excessive in size or in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of
the Site.

3) Liability

theFATE is an online platform solely facilitating brands to get in contact with clothing
manufacturers and vice versa (and thus operates as an online middleman) and
offers digital E-Learning products for download or accessed via an online learning
portal. Against that background, Africa Fashion Guide Ltd shall not be held liable by
brands, manufacturers or other users of the website regarding the purchase,
shipping, quality, legality and accuracy of the offered fashion products, services and
content. At no point in the transaction regarding the purchase of offered fashion
products, Africa Fashion Guide Ltd shall be the owner of such fashion products.
Africa Fashion Guide Ltd shall also not be held liable by brands, manufacturers or
other users of the website regarding the information, content, accessibility,
functionality and accuracy of the website. Africa Fashion Guide Ltd liability shall be
limited to the yearly paid consideration (if any) by an user. The user may only use
the network-based online portal theFATE if they accept these terms and conditions
of use.

FACTORY VALIDATION
The approval of a manufacturing facility (a “Factory”)’s application is contingent upon
such Factory maintaining a current certification in good standing with a certifying
bodies: GOTS, SA8000, World Fair Trade Organization, or WRAP (in each case, a
“Required Certification”). Unless validated via government recommendation or
theFATE sign up registration form.
Any other certifications a Factory may possess are superfluous to maintaining good
standing within our database. Expiration of your Required Certification will result in
the immediate suspension of your Factory on this database until you update your
Required Certification to “in good standing” with that certification’s auditing body.
Furthermore, we are not liable for any legal fees or any other fees that may occur
from any negligence, misconduct, or misrepresentation of a Factory’s labour
standards as deemed required by these certifications.
In no event will we or our directors, employees, or agents be liable to you or any third
party for any indirect, consequential, exemplary, incidental, special, or punitive
damages, including lost profit, lost revenue, loss of data, or other damages arising
from your use of the site, even if we have been advised of the possibility of such
damages. Notwithstanding anything to the contrary contained herein, our liability to
you for any cause whatsoever and regardless of the form of the action, will at all
times be limited to the lesser of the amount paid, if any, by you to us during the six
(6) month period prior to any cause of action arising or GBP1,000.00. If these laws
apply to you, some or all of the above disclaimers or limitations may not apply to you
and you may have additional rights

Unless otherwise agreed in the following, the user (both provider and enquirer) has
no right to compensation. The aforementioned exclusion of liability also applies in
favour of legal representatives and vicarious agents of the provider in the event that
the user asserts claims against them.
The exclusion of liability does not apply to claims for damages relating to death,
injury or impairment of health nor to claims arising from a breach of essential
contractual obligations. Essential contractual obligations are obligations that must be
met in order to fulfil the purpose of the contract. Furthermore, the exclusion of liability
does not include liability for damage or loss relating to an intentional or grossly
negligent breach of obligation by the provider, their legal representatives or their
vicarious agents.

4) Registration, participation and membership

You may be required to register with the Site, such as on the FATE platform. This
registration may require the input of your name, email address, password, and
company-level information. All information about you must be truthful, and you may
not use any aliases or other means to mask your true identity. Any access codes or
passwords provided should be safeguarded at all times. You are responsible for the
security of your access codes and passwords and will be solely liable for any use or
unauthorised use under such access codes or passwords. You agree to keep your
password confidential and will be responsible for all use of your account and
password. We reserve the right to remove or change your log-in name (“Username”)
if we determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable. We may suspend or terminate your access at any time
with or without notice. Your submission of personal information through the store is
governed by our Privacy Policy. To understand how we use information collected
from you, please read our Privacy Policy.

Before being able to use theFATE, the user must register and their details must be
checked by Africa Fashion Guide Ltd. After successful registration, the user
becomes a member of the community.
theFATE will use the information the user provides to be in touch and to provide
updates on our activities.
theFATE uses Active Campaign for marketing automation. By using theFATE
website, the user acknowledges that their e-mail address and full name will be
transferred to theFATE’s secure Active Campaign account for processing in
accordance with their Privacy Policy.
There is no automatic right to membership. The user may not allow third-parties to
access or use their account.

The user is obliged to keep their login details confidential and to protect them against
access by third parties.
Throughout the usage period, the user must provide all personal details required by
theFATE truthfully and in full and keep them up to date.
After access has been activated, the user is entitled to use the application, subject to
their membership, availability and what is technically possible. The user has no
automatic right to unrestricted use of the application.
Upon activation of access the user agrees to being automatically signed up to
receive e-mail notifications about inquiries on the website and subscribed to the
theFATE Mailing List – both of which can be unsubscribed at any time by the user.
The user must inform Africa Fashion Guide Ltd immediately if they have reason to
believe that a third party is using their account. In such a case, the user must request
a new password immediately.
You understand that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms. We reserve the right to refuse service to
anyone for any reason at any time.

The user may terminate their membership without notice by issuing a corresponding
statement to the provider.
Africa Fashion Guide Ltd has the right to cancel a user's membership with effect
from the end of a month by providing four weeks' notice.
Where a just and legitimate cause exists, Africa Fashion Guide Ltd is entitled to
immediately withdraw the user's access rights and to terminate their membership
without notice.
Africa Fashion Guide Ltd has the right to withdraw the user's access rights after the
membership has been terminated. If a membership is cancelled, Africa Fashion
Guide Ltd is entitled but not obliged to delete the content created by the user.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitutes
electronic communications. You consent to receive electronic communications, and
you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. You hereby agree to the use of electronic
signature, contracts, orders, and other records, and to electronic delivery of notices,
policies, and records of transactions initiated or completed by us or via the site. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which required an original signature or
delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.

5) Description of service

theFATE enables clothing designers and brands to create projects and submit
project requests to textile and clothing manufacturers. The manufacturer then has
the right to accept or decline the request and begin sharing further details of the
project and negotiate prices and deadlines. Each user is given the opportunity to
create their own profile and to upload pictures and documents relating to their
collection, projects, or samples (using the upgraded site functions). The core
element of the application is an intelligent search engine that can be used to search
for fashion manufacturers or members. Users can store contacts, send and receive
messages, send enquiries, and use the platform for marketing purposes.
This mediation activity is subject to a monthly fee or an annual membership fee for
both enquirers and providers. Only holders of a full monthly/annual subscription have
unlimited access to the theFATE database.

The enquirer alone decides which provider to conclude a fashion manufacturing
contract with. Africa Fashion Guide Ltd has no influence over the conclusion of the
contract. After receiving the details, the providers themselves must contact the
enquirer with regard to concluding the desired contract.
Africa Fashion Guide Ltd offers the provider no guarantees regarding the frequency
or the number of enquiries.
Africa Fashion Guide Ltd does not guarantee that the provided content will be
correct, complete, reliable, up-to-date or usable.
Africa Fashion Guide Ltd endeavours to avoid interruptions to its service but
assumes no service obligations beyond that. The user has no right to constant
availability. Availability may be temporarily interrupted due to maintenance work,
technical difficulties or unusually high demand for individual applications.
Africa Fashion Guide Ltd also offers digital E-Learning products like Ebooks, digital
Guides, online trainings, courses. 1:1 coaching. membership club trainings and
sourcing trips

6) Rights, Intellectual Property Rights and obligations

The user agrees not to publish any posts, pictures or other content that contravenes
public morality or the applicable law. The user agrees in particular not to publish any
posts that would constitute a crime or offence if published, violate copyright,
trademark or competition law, contain insulting, racist, discriminatory or pornographic
content, contain advertising.
If the obligation is breached, theFATE is entitled to change or delete the
corresponding post and to withdraw the user's access rights. The user is obliged to
compensate Africa Fashion Guide Ltd for loss or damage resulting from any such
breach.

Africa Fashion Guide Ltd has the right to delete posts and content that could
constitute an infringement.
The copyright for the published posts remains with the user. However, by publishing
their post on theFATE, the user grants Africa Fashion Guide Ltd the right to make it
permanently accessible and publicly available on its website and to also advertise
the content outside of theFATE.
The user has the right to change or delete posts within their profile.
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs,
and graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United Kingdom, foreign
jurisdictions, and international conventions. The Content and the Marks are provided
on the Site “AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.

Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, non-
commercial use. We reserve all rights not expressly granted to you in and to the Site,
the Content, and the Marks.
Where you have signed up for the Platform or other service on the Site, you grant us
a limited license to use any trademarks, service marks, or logos related to your
business (collectively, “Your Marks”) for the limited revocable purpose of displaying
Your Marks on the Site or within other materials, in each case, solely for our
promotional purposes.

Using the Site to find useful information for your business, such as contact
information, location information, or any other information, to then be taken off our
site to be used without paying for our service in any capacity is strictly prohibited and
doing so will result in the Factory or brand or other user associated with these
allegations being held accountable to any loss of profit and legal fees that occur on
our part as a result, as well as an immediate ban from using our Site moving
forward.

7) Data Protection

The enquirer’s and provider’s data and information will only be used within the
context of the reciprocal user relationships and in accordance with the following
regulations.
By entering their contact details, assignment data, requirements and enquiry texts
(hereinafter "data"), the user expressly agrees to this data being used on the online
platform theFATE and to the data (except contact details) being sent to potential
providers. In addition, enquirers agree to the contact details that they have entered
being passed on to providers for the purpose of establishing contact. Furthermore,
enquirers grant Africa Fashion Guide Ltd permanent usage rights to enquiry texts for
publication on the Internet. The enquirer may delete their mediation assignment at
any time without having to provide reasons and thereby also revoke their consent to
their contact details being used for this purpose.
Users are made aware that Africa Fashion Guide Ltd stores data in machine-
readable form and processes it in accordance with the purpose intended by the
contract.

If the login details are lost or misused, Africa Fashion Guide Ltd must be informed
immediately (projects@africafashionguide.com).
Africa Fashion Guide Ltd collects, stores and processes personal data in relation to
use of the platform, to the extent permitted or required by law. Africa Fashion Guide
Ltd will treat personal data confidentially and in accordance with the provisions of the
applicable data protection laws. Furthermore, theFATE agrees not to pass this data
to third parties, unless this is necessary in order to perform the service or to exercise
any rights and obligations in relation to use of the platform.
By providing their data and accepting these terms and conditions of use, the user
provides their consent for Africa Fashion Guide Ltd to pass their personal data to
third parties for the purpose of the editorial placement of assignments.

8) Billing

Some areas of the Site may require payment, such as in the form of an annual
membership fee or commission on orders processed (such as for brands and

Factories, respectively). When you provide payment information (“Billing
Information”) to us or our authorized processor, you represent that you are an
authorized user of the payment card, PIN, key, or other payment method specified
by you (“Payment Method”), and you authorize us (or our authorized processor on
our behalf) to charge such Payment Method for the full amount of the
transaction. The terms of your payment will be based on your Payment Method and
maybe subject to agreements between you and the financial institution, debit/credit
the card issuer, or other providers of your chosen Payment Method (the "Payment
Method Provider").

If we do not receive payment from your Payment Method Provider, you agree to pay
all amounts due upon demand. In the event we are advised of insufficient funds to
cover your payment by your Payment Method, we may re-submit such uncleared or
rejected payment, or any lessor amount thereof, to your Payment Method Provider.
In the event we have to collect unpaid amounts you owe us, you will be liable for all
collection costs, including lawyers, attorneys' and collection agency fees. Up to the
extent of applicable law.
We reserve the right to correct any errors or mistakes that we make even if we have
already requested or received payment and to update your information from
available third-party sources. In the event we cannot charge the Payment Method
you provide, we reserve the right to terminate your ability to use the relevant portion
of the Site (e.g., by cancelling your membership) and to invoice you for any unpaid
amounts.

9) Applicable law

The contractual relationships between Africa Fashion Guide Ltd and the user are
subject to the laws of the United Kingdom, with the exception of the mandatory
consumer protection legislation in the user's normal country of residence.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any
breach of your representations and warranties set forth in these Terms of Use; (5)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defence and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defence of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and collectively, the “Parties”), the
Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one Party
to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the
Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. You understand that without this
provision, you would have the right to sue in court and have a jury trial. The
arbitration may be conducted in person, through the submission of documents, by
phone, or online. The arbitrator will make a decision in writing, but need not provide
a statement of reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails to do so.
Except as otherwise provided herein, the Parties may litigate in court to compel
arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or
enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site
by commenced more than one (1) year after the cause of action arose. If this
provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute failing with that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the
personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceedings; (b) there is no right or authority for any Dispute to
be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions
concerning information negotiations and binding arbitration; (a) any Disputes seeking
to enforce or protect, or concerning the validity of, any of the intellectual property
rights of the Party; (b) any Dispute related to, or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorized use; and (c) any claim for temporary
injunctive relief until an arbitrator can be determined whether to continue, modify, or
terminate such relief, to compel arbitration as set forth herein, or to enforce any
arbitral award issued hereunder. If this provision is found to be illegal or
unenforceable and such, then neither party will elect to arbitration any Dispute falling
within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction above, and the parties
agree to submit to the personal jurisdiction of that court.

10) Final provisions

Africa Fashion Guide Ltd reserves the right to change these terms and conditions of
use within the bounds of what is reasonable for the user. Changes may become
necessary as a result of technical advancements, in particular, Africa Fashion Guide
Ltd will inform the user before the changes to the terms and conditions of use come
into effect and the user, within four weeks of being notified of the changes, has the
right to object to the new terms and conditions of use being applied to their user
contract. If the user does not exercise this right, the changed terms and conditions of
use will be deemed to have been accepted by the user, provided that theFATE's
the announcement also makes the user aware of their right to object and the importance
of doing so within the objection period.
Africa Fashion Guide Ltd and the user are obliged to replace any invalid or
unenforceable provisions with new and legally valid ones that most closely
correspond to the intended meaning and purpose of these terms and conditions of
use. The same applies to any gaps or loopholes in these terms and conditions of
use.

These Terms of Use and any policies or operating rules posted by us on the Site or
in respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these Terms
of Use shall not operate as a waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these terms of Use and does not affect the
validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment, or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. You agree that these Terms of Use
will not be construed against us by virtue of having drafted them. You hereby waive
any and all defences you may have based on the electronic form of these Terms of
Use and the lack of signing by the parties hereto to execute these Terms of Use.

11) Disclaimer

 

Use of this website is subject to the following terms and conditions and all applicable
laws. By accessing this website, you acknowledge the following terms and conditions
without reservation. If the websites have been designed by Africa Fashion Guide Ltd,
then Africa Fashion Guide Ltd holds all rights to their content, including but not
limited to the published texts and pictures and their layout. The rights to all registered
brands or logos that are used on this website are held by the respective owners.
This website and the content that is made available, including but not limited to
graphical elements, sound, images, HTML source code, interfaces and text, may not

be copied, reproduced, reissued, published online, disclosed, transmitted or shared
without prior written permission.
There may be information on the Site and platform that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing, availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time without
prior notice.
We reserve the right to change, modify, or remove the contents of the Site at any
time for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to modify
or discontinue all or part of the Site without notice at any time. We will not be liable to
you or any third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Site, resulting, in each case, in interruptions, delays, or errors. We reserve the right
to change, revise, update, suspend, discontinue, or otherwise modify the Site at any
time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance and support the Site
or to supply any corrections, updated or releases in connection therewith
Hyperlinks on this website may lead to other websites that are not operated by Africa
Fashion Guide Ltd. Africa Fashion Guide Ltd expressly declares that the
corresponding pages did not contain any illegal or illicit content or offers at the time
of publishing the link. Likewise, the operator has no influence over the current or
future design or over the layout of the content on the linked pages. Africa Fashion
Guide Ltd. therefore expressly distances itself from all content on the linked websites
that has been changed since publishing the link.

The site is provided on an as-is and as-available basis. You agree that your use of
the site and our services will be at your sole risk. To the fullest extent permitted by
law, we disclaim all warranties, express or implied, in connection with the site and
your use thereof, including, without limitation, the implied warranties of
merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of
the sites content or the content of any websites linked to the site and we will assume
no liability or responsibility for any, (1) errors, mistakes or inaccuracies of content or
materials, (2) personal injury or property damage of any nature whatsoever, resulting
from your access to and use of the site, (3) any unauthorized access to or use of our
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therein, (4) any interruption or cessation of transmission to or from the site, (5) any
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site by any third party, or (6) any errors or omissions in any content and materials or

for any loss or damage of any kind incurred as a result of the use of any content
posted, transmitted, or otherwise made available via the site.
We do no warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the site, any hyperlinked
website, or any website or mobile application featured in a banner or other
advertising, and we will not be a party to, or in any way be responsible for,
monitoring any transactions between you and another entity (such as between a
brand and factory) through any medium or in any environment.