ZAFARA AFRICA
TERMS OF SERVICE

Last Updated Date: February 17, 2023

Zafara Africa is a wholly-owned subsidiary of Zafara Africa. (“Zafara Africa Ltd,” “we” or “our”) provides a service for viewing, selling and purchasing original works of art, design and lifestyle and commercially exploiting digital images of works of art through our website, accessible at www.zafara.africa (the “Site”) or mobile application (the “Mobile Application”) together with any services, software, tools, features or functionality made available by Zafara Africa Ltd (each, a “Service” and collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Policy, which may be found at https://www.zafara.africa/privacy-policy/ (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Zafara Africa Ltd.

Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE, YOU MAY DO SO PROVIDED YOU FOLLOW THE PROCEDURES SET FORTH BELOW IN THE SECTION ENTITLED “AGREEMENT TO ARBITRATE”. THE DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY IRRESPECTIVE OF WHETHER YOU AGREE TO ARBITRATE YOUR CLAIMS.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SERVICES OR BY POSTING ANY CONTENT ON THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modifications to these Terms

Zafara Africa Ltd reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Services without notice to you. We may modify or remove any original works of art, design, craft or lifestyle (as defined below), Digital Works (as defined below), Zafara Africa Ltd Content (as defined below) or Member Content (as defined below) from the Services at any time without notice to you, including the removal of any works of art or content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Services is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Services, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Eligibility

The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.

Account Registration

In order to list a work on the Services or to make a purchase through the Services, (other than users who utilise the guest checkout option), you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process or by utilizing our guest checkout option you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete, for example if you become VAT registered. Zafara Africa Ltd reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Zafara Africa Ltd of any unauthorized use of your Account.

Privacy

See Zafara Africa Ltd’s Privacy Policy at https://www.zafara.africa/privacy for information and notices concerning Zafara Africa Ltd’s collection and use of your personal information.

Seller Terms and Conditions

Listing Works on the Services

As a Member, you may submit listings for original works of art (“Original Works of Art, Design, Craft, Print, Lifestyle”) that you have created and that you desire to sell through the Services. You may not submit listings for Original Works of Art, Design, Craft or Lifestyle products that were created by another creative. As a Member you may also submit listings for digital images of works of art (“Digital Works”) that you have created and that you desire to commercially exploit through the Services. You may not submit listings for Digital Works that were created by another creative. In order for your listings to be accepted, you must provide Zafara Africa Ltd with all the information requested by Zafara Africa Ltd and you must comply with any other Zafara Africa Ltd requirements as identified to you. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Zafara Africa Ltd with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation and information. Your listings must be accurate and complete and comply with Zafara Africa Ltd’s then-current listings content guidelines, which are available atwww.saatchiart.com/guidelines. Zafara Africa Ltd reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.

All works must remain on Zafara site for a minimum of 3 (three) months unless sold.

You acknowledge that Zafara Africa Ltd reserves the right to promote and market Original Works of Art, Design, Craft & Lifestyle and/or Digital Works through the use of sales. The sale or discount amount will apply to the listing price of Original Works of Art, Design, Craft & Lifestyle and/or Printed Works (defined below) relating to the Digital Works. You always retain the right to remove a listing for an Original Work of Art, Design, Craft & Lifestyle or Digital Work from the Services – please see below for instructions.

If you want to remove a listing for an Original Work of Art, Design, Craft & Lifestyle or Digital Work from the Services you must go to your account, select the product you want to delete and then click on Delete and follow the steps set forth there. Remember all listings must have been on the services IE – Zafara Africa, for no less than 3 consecutive months.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works and Digital Works that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Original Works that you make available through the Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to Zafara Africa Ltd the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works nor Digital Works that you make available through the Services nor Zafara Africa Ltd’s use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for Original Works, you are selling such Original Works through the Services and on third party websites and sales channels (collectively “Online Sales”) and you hereby grant Zafara Africa Ltd a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Original Work sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work in any form, medium or technology now known or later developed for the purpose of promoting Zafara Africa Ltd, the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Seller’s Revenue Share (defined below), which is payable only upon the sale of an Original Work via the Online Sales channel.

Zafara Africa Ltd and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Zafara Africa Ltd’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Zafara Africa Ltd and the third party website or Zafara Africa Ltd’s Offline Sales partner, as applicable, to Zafara Africa Ltd and share related shipping information, including the contact details of the purchaser where necessary, with Zafara Africa Ltd.

For Original Works of Art, Design, Craft & Lifestyle only, Zafara Africa Ltd will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Zafara Africa Ltd, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. Zafara Africa Ltd will provide you with information regarding its preferred shippers with which Zafara Africa Ltd maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven (7) days following the date of purchase (the “Shipping Period”). If you do not ship the purchased Original Works to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Works via a Zafara Africa Ltd preferred shipper account, Zafara Africa Ltd will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping originating address to Zafara Africa Ltd if you are using a Zafara Africa Ltd preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Zafara Africa Ltd (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Zafara Africa Ltd preferred shipper or if you pay for the cost of shipping yourself, Zafara Africa Ltd will reimburse you for the amount you paid for shipping, up to the amount that Zafara Africa Ltd or the third party website charged the purchaser for shipping.

For sales of Original Works via the Online Sales channels, Zafara Africa Ltd will credit your Account in an amount to be determined in accordance with Zafara Africa Ltd’s then-current standard pricing and revenue share terms; for sales of Original Works via the Services, subject to Zafara Africa Ltd’s receipt of confirmation of delivery to the purchaser, Zafara Africa Ltd will credit your Account with the corresponding Seller Revenue Share following the expiration of the return period and for sales of Original Works via third party websites, Zafara Africa Ltd will credit your Account with the corresponding Seller Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Original Works have been confirmed to have been successfully delivered to the purchaser, as determined by Zafara Africa Ltd, in its sole discretion.

You agree to comply with the terms and conditions of Zafara Africa Ltd’s then-current Return Policy at https://www.zafara.africa/returns/ that are applicable to any Original Works that are sold through the Services.

You will have the right to request Zafara Africa Ltd to remit the Seller Revenue Share in your Account in accordance with a Zafara Africa Ltd-designated payment schedule. Upon the termination of these Terms or cancellation of your Account, Zafara Africa Ltd will remit to you the remaining balance of sellers Revenue Shares in your Account, if any.

Purchaser Terms and Conditions

Purchases of Original Works of Art, Design and Lifestyle Pieces

As a Member, you may purchase Original Works of Art, Design & Lifestyle that are listed by other Members on the Services. When you purchase such an Original Work of Art through the Services, you are purchasing the work from the Member identified on the listing for such work and not from Zafara Africa Ltd. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes (defined below) including VAT, if any, for which you are responsible and which will be separately identified on your receipt. Zafara Africa Ltd and/or its third party service providers will collect your billing and shipping information and process your payment. Certain Original Works (including, but not limited to, oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Member identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of Zafara Africa Ltd’s then-current Return Policy apply to any Original Works of Art, Design & Lifestyle pieces that you purchase through the Services. When you purchase Original Works via Online Sales (other than via the Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.

Order Cancellations

Zafara Africa Ltd reserves the right to cancel any order for an Original Work of Art, Craft, Design or Lifestyle pieces placed via the Services if Zafara Africa Ltd determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Zafara Africa Ltd cancels an order placed via the Services, Zafara Africa Ltd will send you an email confirmation of such cancellation and you will not be charged for your order.

Terms for both Sellers and Purchasers

Transaction Restrictions

If you are a Member and have submitted a listing for an Original Work of Art, Craft, Design or Lifestyle and have been contacted through the Services by another Member with respect to purchasing either of the foregoing, or a similar work or custom piece related to a listed work of art, you may not sell such Original Work of Art or Digital Work to such Member independent of Zafara Africa Ltd and the Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, or a similar work or custom piece related to a listed work of art, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Zafara Africa Ltd and the Services. Violation of this provision may result in the termination of your Member account as an artist or buyer, in addition to any other remedies available to Zafara Africa Ltd including, without limitation, injunctive or other appropriate relief.

Taxes

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, “Taxes”). If you are a seller of Original Works of Art, Craft, Design or Lifestyle pieces and/or Printed Works, you acknowledge that Zafara Africa Ltd will withhold the Taxes required to be withheld from the payments Zafara Africa Ltd makes to you.

If you are a purchaser of Original Works of Art, Craft, Design or Lifestyle pieces and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Colour

You understand and agree that Zafara Africa Ltd uses commercially reasonable efforts to display the colours of Original Works of Art, Craft, Design or Lifestyle pieces, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colours differently, Zafara Africa Ltd is not responsible for the colour accuracy of any Original Works of Art, Craft, Design or Lifestyle, Digital Works or Printed Works displayed on the Services, and disclaims all liability in this regard.

Member Content

In addition to submitting listings for Original Works of Art, Craft, Design or Lifestyle pieces and Digital Works, Zafara Africa Ltd may, in its sole discretion, designate areas of the Services in which Members can post, upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Services (individually or collectively, “Member Content”). “Member Content” excludes any images of Original Works of Art, Craft, Design or Lifestyle pieces or Digital Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. Zafara Africa Ltd does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant Zafara Africa Ltd a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Services in any form, medium or technology now known or later developed, for the purpose of promoting Zafara Africa Ltd, the Services, and (ii) you grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorised use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content nor your making available any Member Content on the Services nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Zafara Africa Ltd Content

Zafara Africa Ltd may also make available through the Services text, graphics, audio, video and images of works of art (collectively, “Zafara Africa Ltd Content”), some of which is owned by Zafara Africa Ltd (“Zafara Africa Ltd-owned Content”), and some of which is made available under license by a third party (“Zafara Africa Ltd-licensed Content”). Zafara Africa Ltd authorizes you to download, view and print Zafara Africa Ltd-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Zafara Africa Ltd-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Zafara Africa Ltd-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Zafara Africa Ltd or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances.
Use, display, mirror or frame the Services, or any individual element within the Services, Zafara Africa Ltd’s name, any Zafara Africa Ltd trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Zafara Africa Ltd’s express written consent;
Access, tamper with, or use non-public areas of the Services, Zafara Africa Ltd’s computer systems or network, or the technical delivery systems of Zafara Africa Ltd’s providers;
Attempt to probe, scan or test the vulnerability of any Zafara Africa Ltd system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Zafara Africa Ltd or any of Zafara Africa Ltd’s providers or any other third party (including another user) to protect Services, Zafara Africa Ltd Content or Member Content;
Attempt to access or search Services, Zafara Africa Ltd Content or Member Content or download Zafara Africa Ltd Content or Member Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Zafara Africa Ltd or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Zafara Africa Ltd trademark, logo URL or product name without Zafara Africa Ltd’s express written consent;
Use Services, Zafara Africa Ltd Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, Zafara Africa Ltd Content or Member Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, Zafara Africa Ltd Content or Member Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Zafara Africa Ltd will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Zafara Africa Ltd may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Zafara Africa Ltd has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Zafara Africa Ltd reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art, Design, Craft & Lifestyle pieces, Zafara Africa Ltd Content or any other text, graphics, images, software, music, audio, video, information or other content or material that Zafara Africa Ltd, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.

ADDITIONAL TERMS AND CONDITIONS

Sweepstakes and Contests

Zafara Africa Ltd may operate sweepstakes, contests and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about Zafara Africa Ltd’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Zafara Africa Ltd’s Intellectual Property

The Services and Zafara Africa Ltd Content are protected by copyright, trademark and other laws. Except as expressly provided in these Terms, Zafara Africa Ltd and its licensors exclusively own all right, title and interest in and to the Services and Zafara Africa Ltd Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Zafara Africa Ltd Content.

Copyright Policy

Zafara Africa Ltd respects copyright law and expects its users to do the same. It is Zafara Africa Ltd’s policy to terminate in appropriate circumstances of Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Zafara Africa Ltd’s Copyright Policy at https://www.zafara.africa/copyright-policy/ for further information.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Zafara Africa Ltd is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Zafara Africa Ltd of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, Zafara Africa Ltd will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Zafara Africa Ltd reserves the right to revoke your access to and use of the Services, Zafara Africa Ltd Content and Member Content at any time, with or without cause. In the event Zafara Africa Ltd terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time.

Mobile Services and Applications

“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.

Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Zafara Africa Ltd and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

Fees

Zafara Africa Ltd reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT, if any, are not our responsibility.

Payments

If you wish to purchase an Original Work of Art, Design, Craft or Lifestyle pieces or Printed Work, or any other product or service via the Services, you may be asked by us or our designee to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, VAT ID, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR ACCOUNT FOR ANY SUCH PURCHASE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honour, or refuse to honour, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SERVICES, ZAFARA AFRICA LTD CONTENT AND MEMBER CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ZAFARA AFRICA LTD EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ZAFARA AFRICA LTD MAKES NO WARRANTY THAT THE SITE, SERVICES, ZAFARA AFRICA LTD CONTENT OR MEMEBR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ZAFARA AFRICA LTD MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ZAFARA AFRICA LTD OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ZAFARA AFRICA LTD DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES ZAFARA AFRICA LTD MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. ZAFARA AFRICA LTD MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Zafara Africa Ltd, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, Zafara Africa Ltd Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, Zafara Africa Ltd Content and Member Content remains with you. Neither Zafara Africa Ltd nor any other party involved in creating, producing, or delivering the Services, Zafara Africa Ltd Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, Zafara Africa Ltd Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Zafara Africa Ltd has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Zafara Africa Ltd’s aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services, Zafara Africa Ltd Content or Member Content exceed: (i) if you are a Member who has sold Original Works of Art, Design, Craft or Lifestyle pieces or has licensed Digital Works and has received any Artist Revenue Share from Zafara Africa Ltd from the sale of Printed Works, the total payments made or credited to you by Zafara Africa Ltd for the sale of your Original Works of Art, Design, Craft or Lifestyle pieces and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original Works of Art, Design, Craft or Lifestyle pieces, the total payments that you made to Zafara Africa Ltd for the Original Works of Art, Design, Craft or Lifestyle pieces that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Zafara Africa Ltd and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of Zafara Africa Ltd used herein are trademarks or registered trademarks of Zafara Africa Ltd or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RESOLUTION OF DISPUTES

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at admin@zafara.africa to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Mutual Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

The arbitrator, and not any federal, state, local, or other court or agency, WILL have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of THESE TERMS AND this Agreement to arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in the United Kingdom. As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to admin@zafara.africa

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or, for users who reside outside of the U.K., the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. If you initiate arbitration, we will reimburse you for filing, administration and arbitrator fees for claims totalling less than USD $5,000, unless the arbitrator determines the claims are frivolous. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Right to Opt-Out

YOU HAVE A RIGHT TO OPT-OUT OF THIS AGREEMENT TO ARBITRATE by sending an email to admin@zafara.africa. Such opt-out must be given within the earlier of thirty (30) days of approving your first purchase of products on the Services or your first upload of artwork to the Services or if we make any changes to this Agreement to Arbitrate which alter your rights, within thirty (30) days after the effective date of such revision to this Agreement to Arbitrate. Any opt-out received after such deadline will be ineffective and this Agreement to Arbitrate will remain in full force and effect, except as expressly provided above. If you opt-out of this Agreement to Arbitrate, we also will not be bound by the terms of this Agreement to Arbitrate.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS WILL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES, AND NO CLASS, COLLECTIVE, AND/OR REPRESENTATIVE ARBITRATION PROCEEDINGS WILL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable with respect to any particular claim otherwise subject to arbitration, then that claim will not proceed in arbitration but rather will be resolved in a court of competent jurisdiction. If that occurs, however, this Agreement to Arbitrate and this Class Action Waiver still will be fully enforceable as to all other claims, which must be resolved in arbitration on an individual basis.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Users from Other Jurisdictions

The Services are controlled and operated by Zafara Africa Ltd from the United Kingdom. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Services and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Zafara Africa Ltd and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Zafara Africa Ltd and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Zafara Africa Ltd’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Zafara Africa Ltd may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Zafara Africa Ltd via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Zafara Africa Ltd to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zafara Africa Ltd. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Zafara Africa Ltd

If you have any questions about these Terms, or you have a complaint, please contact Zafara Africa Ltd at admin@zafara.africa.