Terms of use

Afrikasongs.com 
afrikasongs.com User Service Agreement

Welcome to afrikasongs.com.

Afrikasongs.com provides an internet-based music streaming service described in clause 3 below ("Service").

Afrikasongs.com is a web site owned by Advanced Engineering Solutions Limited ("we" or "us" or "our").

Before you can access our Service, you must read and accept the terms and conditions of this Agreement. If you register as a subscriber to the Service or you continue to use Afrikasongs.com, you agree to be bound by the terms and conditions of this Agreement.

This Service is for the personal use of users only.

If you do not agree to or cannot comply with any of the terms and conditions of this Agreement, do not attempt to access or use the Service.

1.

Subscription

 

When you register to our Service, we grant you a non-exclusive right, limited in time, to use the Service on the terms and conditions of this Agreement. You are required to recharge your account from which all purchases will be deducted/chargeable.

 

2.

Term

 

Your right to use the Service comes into effect upon setting up of account and your payment of the prescribed price/fee to your content of choice and continues until terminated pursuant to the terms and conditions of this Agreement.

Your right to content is only after paying for the content at the exact price set by the content owner.

 

3.

Description of Service

3.1

The Service provides for digital online streaming and downloading of music and other tracks in our catalogues.

3.2

(a)

The Service consists of content and material ("Content") which we allow you to tune into through our system software ("System").

(b)

The Content includes but is not limited to streamed musical tracks, the afrikasongs.com website and its contents, musical and audio recordings, text, photographs, graphics, art work, button icons, audio and/or visual clips, images, logos, trademarks, manuals and user guides.

(c)

The System includes but is not limited to search and retrieval software and documentation and security strings and passwords.

(d)

When we refer to the Service in this Agreement, we mean the Content and the System, individually and collectively.

 

3.3

From time to time, we may update the Service.

3.4

There is no limit to what you may stream from our Service while your account is set up and current.

The right to stream and download is limited to the number of purchases the user has made. You only stream or download what you have paid for.

3.5

Once you have registered with us, we let you tune into the content in which you will have browsing access but not streaming access unless you have purchased the content of interest. Once you have registered with us you will have to recharge your account to be able to purchase and stream/download the content.

3.6

The Service will only work with the streaming player or players specified from time to time by Afrikasongs.com

3.7

You are responsible for any hardware, systems and software programs you use and any associated fees and expenses to connect to or use the Internet.

3.8

From time to time, you may need to install certain third party software, enhancements, updates or modifications and related documentation for your continued access to the Service.

3.9

It is up to you if you use the Service and any enhancements or modifications and any software not provided by us. If you do so, your use is at your sole risk and responsibility.

3.10

We may count the number of times that you stream each musical track for royalty accounting and analysis purposes.

 

4.

Use

4.1

The rights granted by this Agreement are personal to you.

4.2

The Service is only for your personal, non-commercial use and only for streaming and/or downloading of musical and other tracks from our catalogues online.

4.3

We consider you are using the Service under this Agreement regardless of whether you use all or only part of the Service.

4.4

You must not nor encourage, allow or suffer any other person to do or attempt any use of the Service for which we have not given permission. Such unauthorised use includes but is not limited to the following:

(a)

Content

(i)

commercial-download, burn, copy, capture, reproduce, communicate to the public, publicly perform, record, retransmit, stream, distribute or broadcast the Content by any means or in any form;

(ii)

transfer, loan, rent, sell, lease, sub-licence and otherwise parting with possession or dealing with the Content to another person or body; or

(iii)

alter, change, remove or obscure any notices or other indications (including copyright or trademark notices) as to the ownership of the Service;

 

(b)

System

(i)

alter, modify, reverse engineer, decompile, disseminate or disassemble the System for any purpose whatsoever;

(ii)

alter, change, remove or obscure any notices or other indications (including copyright or trademark notices) as to the ownership of the Service;

(iii)

use the System to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, defamatory, or invasive of privacy; (ii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iii) that infringe third-party rights or harm minors in any way;

(iv)

spamming or of a "spamming" nature;

(v)

interfere with or disrupt the System or any networks connected to or by the System;

(vi)

use all or part of the System to construct any kind of database; or

(vii)

without limiting the generality of the foregoing, distribute or otherwise make the Service available over any network, including a local area network; and

 

(c)

exploit the Service for commercial purposes without our express prior written consent.

 

4.5

Because the Service is designed for personal use, you are not allowed to use any automated system for the selection or streaming of files of the Service.

4.6

You will notify us immediately if you become aware of any breach of this Agreement. You agree to provide us with all necessary assistance in any action we may take in response to any breach.

 

5.

Registration & Security

5.1

To use the Service, you must register to set up an account with us. During registration, you must provide us with certain personal information, including your name and a current address and other Registration Data as requested on the Service's web site.

5.2

You agree to provide us with Registration Data which is accurate and up to date.

5.3

We will use your Registration Data in accordance with our privacy policy which is set out below.

5.4

You may not:

(a)

allow others to use your subscriber name, password or subscription account;

(b)

reveal your password to any of our representatives or agents;

(c)

use a subscriber name of another person with the intent to impersonate that person; or

(d)

use a subscriber name in which another person has rights without such person's authorisation.

Failure to comply with the above is a breach of this Agreement and may result in the immediate termination of your account.

 

5.5

You are solely responsible for maintaining the confidentiality and security of your account.

5.6

You must notify our Customer Service department at support@afrikasongs.com of any known or suspected unauthorised use(s) of your subscription account or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.

5.7

You are responsible for all usage or activity on your account. Any fraudulent, abusive, or otherwise unlawful activity may be grounds for termination of your subscription account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.

5.8

We are not responsible for any losses arising out of the unauthorised use of your account, password or credit card information (even if you have not knowingly disclosed it to another person) and you agree to indemnify and hold us, our partners, subsidiaries, agents, representatives, employees, contractors and licensors, as applicable, harmless for any improper, unauthorised or unlawful use of your subscription account, password or credit card details.

 

6.

Fee

6.1

We do not charge you a subscription fee to access parts of the Service or the Service as a whole. But you are required to recharge your account to purchase content.

6.2

You will have access to content only AFTER purchasing the content. You are thus required to recharge your account

6.3

Price for each content is indicated on each respective content page or link

6.4

The price/fees chargeable for each content are inclusive of, and you need not pay, any taxes, duties or impost that may be imposed by a governmental body.

6.5

We may change our fee structure any time without prior notice.

6.6

You expressly agree that we are not liable to refund the full amount or any part of fees, charges and taxes paid by you for any reason whatsoever.

 

7.

Termination

7.1

You may cancel your account for any reason at any time by delivering a notice by email to our Customer Service Department at support@afrikasongs.com. Alternatively, user can request to delete account by sending mail to the administrator at support@afrikasongs.com

7.2

If you cancel your account, we will not refund any remaining portion of your account balance or any other charges or taxes paid by you. Cancellation will take effect at the end of the billing period in which you deliver notice to us.

7.3

You are responsible for all charges incurred, if any, up to the time we cancel your account.

7.4

We may terminate your account for any reason at any time.

7.5

If you or we cancel your account, you must immediately cease all use of and access to the Service and delete, erase and otherwise remove all copies of the Service from all equipment into which you have loaded or installed the Service.

7.6

If we terminate this Agreement, we will:

(a)

refund the pro-rata unused balance of the subscription money you have paid us;

(b)

recover from you any money which you owe us; and

(c)

be regarded as discharged from any further obligations under this Agreement.

 

7.7

Clauses 4, 6 and 8 to 10 inclusive of this Agreement survive the cancellation of your account.

7.8

You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with us.

 

8.

Title, Interest & Intellectual Property Rights

8.1

This Agreement does not give you any intellectual property rights in the Service nor does it make you the owner of the Service and nor does it transfer or assign to you any right, title, interest or other proprietary rights in the Service.

8.2

We, and our licensors, retain exclusive ownership of the Service and all intellectual property rights associated with it. We reserve all rights not expressly granted by this Agreement.

8.3

The contents of the Service are protected by copyright (including as a collective work and/or compilation) under the laws of the United Republic of Tanzania and other countries and international conventions and are owned or controlled by us, our affiliates or the party credited as the provider of the content. All individual musical or other tracks are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service.

8.4

We have designed the Service for its presentation in a unique format and appearance to our users. We are concerned about the integrity of the Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with the Service. Without limiting the provisions of clause 8.3, neither you nor any third party shall make use of the Service in any manner that constitutes an infringement of our intellectual property rights, including but not limited to framing, deep linking, downloading or establishing unauthorized links to any part of the Service on your or any third party's Web site.

8.5

You have no rights to the System or any enhancements or modifications to it. You may not sub-licence, assign or transfer any rights granted by us, and any attempt at such sub-licence, assignment or transfer is null and void.

8.6

We respect the intellectual property rights of others and we expect you to do the same. You are liable for any breach by you of copyright.

8.7

You must promptly notify us in writing upon your discovery of any unauthorized use or infringement of the Service or intellectual property rights thereto.

8.8

The Service contains proprietary information that is protected by intellectual property laws and international treaty provisions. We expressly disclaim any and all responsibility or liability for any action by you that is contrary to such law(s) and reserve the right to terminate your account immediately for your failure to comply with any such laws.

8.9

In this Agreement, intellectual property includes the full benefit of any rights in any copyright, patent, trademark, registered design, trade and business names, agreements, inventions, trade secrets, discoveries and improvements, computer programs, confidential processes, confidential information and know-how and includes without limitation any artistic work, images, photographs, animations, video, audio, music, text, recordings and programming and any adaptation of it or concept relating to it.

 

9.

Access, Links and Availability and Modification of Service

9.1

The Service contains links to other related World Wide Web Internet sites, resources, and our sponsors. We do not own, control, review or operate these outside resources and are not responsible for their availability or content or any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding any external link to the site administrator or Webmaster of such external sites

 

9.2

We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service are solely between you and such third-party. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.

 

9.3

We may at any time and from time to time modify or discontinue, temporarily or permanently, the Service with or without notice.

 

9.4

Due to contractual or other limitations, from time to time, some musical or other tracks available on the Service may no longer be available. We may modify or discontinue, temporarily or permanently, the programming on the Service or the manner in which the Service is presented at any time without notice.

 

 

10.

Exclusions and Limitation of Liability

10.1

To the maximum extent permitted by law, we exclude from this Agreement all warranties, representations, statements, terms and conditions expressed or implied by law. Our Service is available to you "as is" and you assume the entire risk as to its quality and performance.

10.2

Any musical tracks or other material streamed or otherwise obtained through the use of the Service is at your sole discretion, risk and responsibility.

10.3

We make no warranty that:

(a)

the Service meets your requirements;

(b)

the Service can run on your personal computer;

(c)

the results obtained from your use of the Service are reliable; and

(d)

the quality or delivery of the Service meets your expectations.

 

10.4

We do not warrant that the Service will be uninterrupted or error-free. There may be delays, omissions or interruptions in the information, e-commerce product offerings or other materials available through the Service. We are not responsible for the availability, information or services of other third-party providers, online merchants or advertisers that may be linked to or posted within the Service.

10.5

We reserve the right to correct any errors or omissions in the Service. Although we take reasonable steps to prevent the introduction of viruses, worms, trojan horses or other destructive materials to the Service, we do not guarantee or warrant that the Service does not contain such destructive features. If you rely on the Service and any materials available through the Service, you do so solely at your own risk.

10.6

In no event are we or our officers, directors, shareholders, employees, representatives, partners, subsidiaries, affiliates, agents or licensors liable under or in relation to this Agreement for any incidental, indirect, special, economic, consequential, punitive or exemplary loss or damage of any kind or loss of revenue, profits, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings incurred or suffered by you whether caused by negligence or otherwise or whether or not we were aware or should have been aware of the possibility of such loss or damage. This includes but is not limited to the transmission of any computer viruses or anything else that may interfere with or damage the operation of your computer systems, any error, omissions, interruptions or other inaccuracies in the Service (including without limitation as a result of breach of any warranty or other term of this Agreement) and any modification, malfunction, suspension, discontinuance of or interruption to or of the Service.

10.7

If the laws of your location do not allow us to exclude our liability for breach of conditions or warranties expressed or implied by law, but allows limitation, our liability is, at our election, limited to, the supplying of the services again or the payment of the cost of having the services supplied again.

10.8

In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights. We always recommend that you should seek local law advice if you have a complaint about us, however, we suggest that you speak to us first - that way you can see if we can resolve any complaint you may have.

 

 

 

11.

Force Majeure

11.1

We will not be in breach or default of any obligation, agreement, covenant (whether express or implied) by reason of any circumstance beyond our reasonable control including any act of nature, industrial dispute, act of governmental or other authority.

11.2

We shall notify you as soon as practicable of any anticipated delay due to force majeure. The performance of our obligations under this Agreement will be suspended for the period of the delay due to force majeure.

11.3

Your obligation to pay for the chosen content is not affected by this clause 11.

 

12.

Notice

12.1

We may from time to time modify these terms and conditions or any feature of the Service. Such modification shall be effective immediately upon either posting of the modified terms and conditions or feature at http://www.afrikasongs.com as the case may be, or notifying you by email.

12.2

You agree to review this Agreement periodically to ensure that you are aware of any modifications. You are deemed to have accepted this Agreement as modified if you continue to use or access the Service after the modifications are posted.

 

13.

Privacy

13.1

From time to time, we (or our owners and assigns) may provide you with information about our products and services unless you indicate otherwise at registration.

13.2

We may send you electronic mail for the purpose of informing you of changes or additions to the Service.

13.3

We reserve the right to gather and use information about your usage and demographics and agree to maintain the privacy of your data in accordance with our Privacy Policy below and the Personal Data protection as per the laws of the land.

 

14.

General

14.1

You may not assign any of your respective rights or obligations under this Agreement without our written consent.

14.2

Any time or indulgence or any waiver by us of any terms or conditions of this Agreement shall not affect any of our other rights under this Agreement nor shall it at the same time be deemed a waiver by us of any other terms or conditions of this Agreement or subsequent breach of such term or condition.

14.3

This Agreement constitutes your entire agreement with us. Any prior arrangements, agreements, representations or undertakings are superseded. This Agreement may not be changed, altered or modified unless done so by written instrument signed by you and us.

14.4

If any of the terms and conditions or provisions of this Agreement are determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

14.5

This Agreement is governed by and construed in accordance with the laws of the United Republic of Tanzania and you agree to submit to the jurisdiction of the Courts of United Republic of Tanzania

14.6

Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture or relationship of principal and agent or any other fiduciary relationship between us.

14.7

Subject to any provision to the contrary, this Agreement applies to the benefit of and is binding upon you and your successors, trustees, permitted assigns or receiver and does not apply to the benefit of any other person.

14.8

In entering into this Agreement, you have not relied upon any warranty or representation in relation to our Service or us which is not expressly set out in this Agreement and you have relied entirely on your own enquiries in relation to our Service and us.

 

15.

Interpretation

 

In this Agreement unless otherwise indicated by the context:

(i)

"receiver" includes any third party having control of your property for the purposes of enforcing a security or charge;

(ii)

a reference to a party to a document includes that party's successors and permitted assigns;

(iii)

"including" and other similar words are not words of limitation;

(iv)

an agreement, deed, covenant, representation or warranty on the part of two or more persons binds them jointly and severally; and

(v)

general words following words describing a particular class or category are not restricted to that class or category.

 
 

You represent that you have read and agree to be bound by this Agreement and our Privacy Policy.

© 2016 Advanced Engineering Solutions Limited


Privacy Policy

Our business is built on the trust and confidence you place in us. We respect your privacy and we are committed to safeguarding and protecting any data we collect about you.

We observe the Data Protection Principles in accordance with the laws of the United Republic of Tanzania.

We collect personal data to assist us in providing you with services as well as information on either products or services offered by us. We make sure that the data we collect from you is necessary for and directly related to this.

We collect personal data from you in a number of ways including:

(a)

directly from you, such as when you enter your personal details on our websites (for example during registration or application for products and services), when you provide information by phone or in documents such as an application form;

(b)

from our affiliated companies;

(c)

from your representatives;

(d)

from publicly available sources of information;

(e)

from credit-reporting and fraud-checking agencies and credit providers for credit related purposes such as credit worthiness, credit rating, credit provision and financing;

(f)

from our own records of your dealings with us; or

(g)

when legally required to do so.

 

We make sure that the way we collect data from and about you is lawful and fair in your circumstances.

We take all practical steps to ensure that you are informed of what data you are obliged to provide us and what data you may voluntarily provide us and what we may do if you do not provide us with data which you are obliged to provide.

Your personal data may be used by us:

(a)

to identify you;

(b)

in providing service to you and the administration and management of those services;

(c)

to provide you with information on either products and services offered by us;

(d)

in undertaking risk assessment and management; or

(e)

in gathering data necessary for our organisation's functions including dealings with credit reporting agencies, financial institutions including our own bankers, service providers, our professional advisers, including our accountants, auditors and lawyers, insurers and industry groups having a legitimate reason to receive such information.