Welcome to African Videos (“African Videos” “Us” “We” or “Our”), a company registered in England and Wales whose registered address is at 8 Byron Parade, Uxbridge Road, Hillingdon, Middlesex, UB10 0 LZ.

These Web Site Terms and conditions (the “Terms”), which incorporate the Privacy Statement, govern your use of this African Videos website (the “Site”). By accessing and browsing the Site, you accept these Terms and the Privacy Statement. If you do not agree with them please do not use this Site.

This Site is directed at users resident in the UK and EUROPE only. It is not directed at any person in any country where the publication or availability of the Site is prohibited. We do not represent that either the Site or its content are appropriate for use or are permitted by the laws of all countries. If you are resident in a country outside of the UK or EUROPE, you use this Site at your own risk.

Material on the Site
All materials (including all sound and audio recordings taken from films on the Site) and other content (together the “Content”) contained in this Site are the property of African Videos, its affiliates and/or licensors. The content may not be used except as provided for in these Terms, without the written permission of African Videos, its affiliates or such third party licensors. Where content published on the Site is supplied by third parties, you acknowledge and agree that We cannot control and do not purport to endorse such Content in any way. All Content which is offered by third parties, is published in good faith but We do not (to the extent permitted by applicable law) accept any responsibility for the accuracy, reliability, timeliness, or otherwise of such Content (whether published on or offline) or for the use of such Content.

Your Use of the Site
This Site and the services provided through it are for personal, non-commercial use. You may only make use of the Content to the extent necessary to allow you to use the Site and the services provided through it. You shall not use the Content/and or Site for any illegal or immoral purpose, or otherwise frame, link or deep-link this Site to any other website without our prior written consent. You agree that you will not:

Use the Site for the posting or transmitting of any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially, ethnically or otherwise or otherwise objectionable material of any kind;

Upload files that contains viruses, ”Trojan Horses”, worms, cancelbots, corrupted files or other such similarly destructive features; or

In any other way damage, disable or impair the operation of this Site or attempt to gain unauthorised access to the Site or to networks connected to it, through hacking, spoofing or other such similar means.

Copyright
The Content of the Site is protected by copyright, database right, trade mark law and other international intellectual property rights. The owner of these rights is African Videos, its affiliates or other third party licensors. You acquire no rights or licences in or to the Site or any of its Content, other than the limited rights to use the Site in accordance with these Terms or in order to use services available on the Site. All product and company names and logos mentioned on the Site are the trade marks or trading names of their respective owners, including Us. You may not modify, copy, reproduce, republish, disassemble, create derivative works from, interfere with, display, circulate, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Site, including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where invited to do so.

Your Creative Materials
It is African Videos policy not to accept or consider creative materials, ideas or suggestions other than those We specifically request. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. If you transmit to Us by electronic mail or otherwise any communication or material, you will be deemed to have granted Us and Our affiliates a perpetual, world-wide, royalty-free, irrevocable licence to use such communications or material in any way We deem fit, including granting sub-licences to third parties. African Videos and its affiliates are free to use any ideas, concepts or techniques contained in any communication you send to the Site for any purpose whatsoever including developing, manufacturing and marketing products using such information.

Privacy Policy, Member Account, Password and Security
Where you must complete a registration process in connection with the Site you must provide current, complete and accurate information about yourself as prompted. If you need to change any of your personal details including for example, your debit or credit card details, you may amend such information by clicking on My Account. We\will process your personal information in accordance with our Privacy Statement.
You are solely responsible for all use of and for protecting the confidentiality of any username, email verification and password used by you in connection with the Site. You may not share these with any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding the Site that comes to your attention.

Competitions
From time to time We may run competitions on this Site. Your Participation in such on-line competitions will be governed by specific competition terms and conditions, which you will be asked to agree to prior to you entering a competition. In the event of any conflict between these Terms and the competition terms and conditions, the competition terms and conditions shall prevail to the extent that the conflict relates to your participation in any on-line competition.

Warranty and Liability
This Site, its Content, and any software products and services offered through it are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind with respect to this Site, its Content, or such software products and to the extent permitted by law, exclude any conditions, representations or endorsements, express or implied warranties or terms, including those as to the availability, quality, timeliness, performance or fitness for a particular purpose of any of the Content, products or services available on the Site.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use, and is compatible with the Site. We do not make any warranty that the Site or its servers are free from viruses, worms, cancelbots, “Trojan Horses” or anything else that has contaminating or destructive properties. We shall not be liable for any damage to, or viruses that may infect your computer equipment or other property following your access to, use of, or browsing on the Site or your downloading of any Content. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Save in respect of death or personal injury resulting from Our negligence or fraud, neither African Videos nor any of its directors, employees or other representatives will be liable for loss or damage (whether direct or indirect) howsoever arising out of or in connection with your use of the Site. We do not accept liability for any looses or claims arising from any inability to access the Site or any failure to complete a transaction.

Becoming a Subscriber
You must register your details with Us including your name, postal address and email- address, and you agree to Us processing your personal details in accordance to Our Privacy Statement. If you do not agree to Our Privacy Statement you should not become a subscriber of this service. You are solely responsible for all use of and for protecting the confidentiality of your email verification and password. You may not share these with any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Site that comes to your attention.

You must also familiarise yourself with the provisions of our FAQ fact sheet which contains further information about how to use this services and which forms a part of these Terms.

You must also note that the DVD/VCD Rental service is a web-based service. Your use of the www.africanvideos.co.uk website (the “Site”) is governed by the Website Terms and conditions. The DVD/VCD rental services entitles you to select one of the Rental packages advertised by us on the Site in return for payment to Us of the Rental Package charge.

Age Restrictions
The rental and sales DVD/VCD services is only available to persons over the age of 18. If you are purchasing or renting a DVD/VCD for any other person, you hereby confirm that the intended recipient is of the appropriate age to view such DVD/VCD. If a child watches an age-restricted title when they are not of the relevant age, they may become upset by the content of such title. African videos therefore urge you to act responsibly when choosing a movie for viewing by someone else in your household. If it comes to our notice that you are allowing other members of your household to view age-restricted titles when they are not of relevant age, We will terminate your subscription immediately and without notice. Only one member of a household shall be entitled to register for the DVD/VCD rental service. We reserve the right to refuse any application for any reason.

Payment of Subscription Charges
You must pay the appropriate Subscription Package Charge by debit or credit card and provide Us with the necessary details. The subscription package charge shall be charged monthly in advance directly to your debit or credit card. The first payment of your subscription package shall be made after you have successfully registered for a chosen rental package via the Site and thereafter will continue to be charged on a monthly basis on the same date of each month (the ”Subscription Charge Date”) UNLESS AND UNTIL you cancel in accordance with these Terms (see “cancelling your subscription service” below). Where the Subscription Charge Date does not recur in a particular month (e.g 31st January, but no 31st February ), you will be charged on the closest preceding date to the Subscription Charge Date ( e.g 28th February) for that month. We will inform you by email of any changes to the Subscription Package Charge not less than 30 days in advance of any such changes. If you do not agree to such changes to the Subscription Package Charge, please cancel your subscription in accordance to the cancellation provisions set out below. You confirm that the payment card that is being used is yours and that there are sufficient funds or credit facilities to cover the Subscription Package Charge.

Validation Checks
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Us, We will not be liable for any delay or non-acceptance of orders or refusal of your subscription to the DVD/VCD rental service. African Videos reserve the right to require further proof of identification and age.

Requesting Rental DVD/VCDs
You may rent such number of titled movies as your subscription package allows. You may only request rental DVD/VCDs if you have not already received the maximum number of rental movies you are entitled to rent at any one time, or in the event that you have already received this maximum number of rental movies , you have returned one or more of such rental movies to Us and We have processed such returns.

Delivery and Availability
The feature of a rental DVD/VCD on the site does not guarantee its availability. If the rental DVD/VCD you requested is unavailable, We will provide the next available rental DVD/VCD from your pre-selected list of titles. We shall deliver the rental DVD/VCD(s) requested to the delivery address that you have supplied, provided this is a valid UK/European address. We aim to deliver any requested and available Rental DVD/VCD(s) to you as quickly as possible. Most rental request will be posted to you by first class mail 1 day of receiving a valid request from you. However, any times or dates stated on Our Site for delivery are estimates only. Although We will make all reasonable efforts to deliver rental request within the time specified, We do not accept liability for any failure to deliver within that time or at all. If the rental DVD/VCD(s) delivered is not what you requested, does not correspond with its description or its not of satisfactory quality, please return it to Us (or see the relevant sections of Our FAQ). If you still want to watch that particular title, you will need to add it back on to your pre-selected list of titles. Otherwise We will send you the next available title on your list.

Return of Rental DVD/VCD(s)
You must return rental DVD/VCD(s) in the same condition as they were in when they were dispatched by Us. If damage is caused to any rental DVD/VCD whilst rented to you, you will be personally liable for any such loss or damage and you expressly authorise Us to debit your credit/debit card an amount equal to the replacement cost of the rental DVD/VCD. You must return the DVD/VCD(s) in the correct pre-paid envelope(s). Should you fail to do this you shall be liable for the replacement cost of any damaged rental DVD/VCD. If you lose or misplaced your envelope, please contact Customer Services for a replacement envelope. Alternatively items can be returned to Our postal address using your own packaging, but if you do this, you will be liable for any losses or damages which might occur.

Cancellation or Suspending the Subscription Service
By African Videos: In the event that your Subscription Package is cancelled by Us for a reason unrelated to your breach of these Terms, We will refund such of your pre-paid monthly Subscription Package Charge that relates to the period after the date of cancellation on a pro rata basis. African Videos reserves the right to suspend the DVD/VCD rental service for any reason. However, in the event that We do cancel your Subscription Package We will use all reasonable effort to give you at least 7 days’ prior notice by emailing you at the most recent address that you have provided to Us (except where We cancel due to breach of these Terms by you, in which case We are entitled to cancel without notice to you).

By you: You may cancel your Subscription Package at any time by accessing the My Account area of the Site, and by clicking on Cancel. We will refund to your credit /debit card any amount of your pre-paid Subscription Package Charge that relates to the period after the date upon which We receive your cancellation notice, on a pro rata basis. This will take place on the next Subscription Charge Date.

Return of Your Rental DVD/VCD(s) Following Cancellation Your Subscription
Following notice of cancellation, you must return in good conditions, all rental DVD/VCD(s) before the next subscription charge date, in their pre-paid return envelope(s). If you have not done so by the next subscription charge date, We will normally issue you a reminder after a further 14 and 21 days. In any event, if We have not received all rental DVD/VCD(s) in good condition within 28 days of the subscription charge date, We will automatically charge you the replacement cost of such non-returned or damaged rental DVD/VCD(s). You agree that We may charge such cost to your nominated payment card. We will notify you of any such charges by email.

Care and Ownership – Rental DVD/VCD(s) Lost in the Post
You agree to take care of the rental DVD/VCD(s) and any accompanying packaging and/or documentation they are supplied with, and to maintain all rental DVD/VCD(s) in good condition. We will remain the owners of the rental DVD/VCD(s) at all times. African Videos will bear the risk of the rental DVD/VCD(s) being lost in the post once you have posted them back to Us provided that you take care of and return them to Us in accordance with these Terms, and subject to you returning a completed Lost Item Declaration Form available from Customer Services (see “customer Queries” below). If a rental DVD/VCD you are expecting has not arrived, you will need to let us know as soon as possible. We recommend that you wait at least four (4) working days following the day that the rental DVD/VCD is dispatched from our warehouse before assuming that it has been lost. However, if it still does not arrive, please see the relevant section of Our FAQs to report the DVD/VCD as being lost in the Post.

Prices of Purchasing Orders
The prices payable for the DVD/VCD(s) that you order are clearly set out on the Site. All prices are expressed inclusive of any VAT payable. Every effort is made to ensure that prices shown on the Site are correct. In the unlikely event that an error is made in the price shown on the Site, We will not be liable to supply the product to you at the stated price. In those circumstances, We will not dispatch the item but will notify the correct price to you so you can decide whether or not you wish to order the product at that price.

Product information is included on the Site and if there is anything you do not understand, or if you want more information, please contact our customer service team.

Availability of Purchasing Orders
Items shown on the Site will be in stock unless We tell you otherwise on the Site. However, occasionally We may be unable to supply a particular item.

Acceptance of Purchasing Orders
There will be no contract of any kind between you and Us unless and until you receive confirmation from Us that the goods are being dispatched. Your order is an offer to buy from us. Nothing that We do or say will amount to any acceptance of that offer until We actually confirm that the goods are being dispatched. At any point up until then, We may decline to supply the goods to you without giving any reason.

Delivery of Purchasing Orders
We shall deliver the DVD/VCD(s) to the delivery address that you supply, provided this is a valid UK/EUROPE address. We aim to deliver your order to you in one single delivery (subject to availability) and as quickly as possible. Most DVD/VCD(s) will be posted to you within 2 working days of receiving your order. We will advice you by email if there is likely to be a delay in dispatching your order. The DVD/VCD(s) shall normally be posted by first class mail to you. Any times or dates stated on the Site for delivery are estimates only. We will make all reasonable efforts to deliver your selected movies within the time specified, but do not accept liability for any failure to deliver within that time.

Cancellation of Purchasing Orders
You may cancel your order up to 7 days from placing it by contacting the African Videos Customer Service Team. If the item has not been dispatched We will not Take payment from your card. In the event that you cancel your order after the goods have already been dispatched you can refuse to take delivery so that the goods are returned to us and We will refund the price paid to your card. If you have taken delivery you must contact us within 7 days of receipt to organise a return and refund – please see the RETURN section below.

If you do not return the goods within 14 days of your cancellation then, after our reasonable attempts to recover the goods, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.

Returns
We hope that you will be happy with your purchase but should you wish to return any DVD/VCD(s) please follow the instructions included in the “My Orders” section of the Site. Provided that you return any DVD/VCD(s):

Within the 7 days cancellation period, for any reason, or
Within 14 days of dispatch to you if the items are damaged, defective or faulty

We will reimburse you for the cost of returning the items up to an amount of 65 pence per item. This does not affect your statutory rights.

Payment
We request payment as set out in the Site. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will not be charged for items until they are dispatched.

Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

Our Liability to You
We promise that all rental DVD/VCD(s) will correspond with their relevant description on the Site, that they will be of satisfactory quality and fit for the purpose for which they are rented (i.e. non-commercial, domestic use). We also promise that any service We provide to you will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties or representations whatsoever with regards to any rental DVD/VCD or any information or service provided through the Site. Save in the case of death or personal injury caused by Our negligence, or where We have acted fraudulently, Our total liability to you under this agreement for any losses suffered by you will never exceed the subscription charge paid by you in any one month for your subscription. We accept no liability for any indirect or consequential loss or damage, (however caused, even if foreseeable (save that these limitations on Our liability do not affect your non-excludable statutory rights as a consumer). We exclude all liability, to the extent permitted by law, for any losses or damages you suffer from the use or attempted use of rental DVD/VCD(s) by you in countries other than the UK. Except in respect of a payment obligation, neither party will be liable for any failure to perform any obligation owed to the other due to reasons beyond its reasonable control, for example, industrial disputes, acts of God and technical difficulties.

Your Further Obligations to Us
You agree that you will not use the rental DVD/VCD(s) for any commercial or illegal purposes or for any other purpose prohibited by these Terms. You agree to abide by the terms of any copyright notice contained on any rental DVD/VCD, including for example the prohibition on (a) copying any of the rental DVD/VCD(s); (b) renting or otherwise supplying them to third parties; or (c) allowing minors to view unsuitable material. You must ensure that the health of viewers will not be adversely affected by the viewing of a rental DVD/VCD (for example, epileptics watching films containing strobe lighting). If you breach these Terms, your permission to use this Site and your subscription terminates immediately without notice being given to you. We shall not be liable for any loss or damage resulting from the illegal, incorrect or inappropriate use of the rental DVD/VCD(s) by you or anyone else whilst they are in your possession.

Accuracy of Information
Whilst We use reasonable efforts to include accurate and up to date information on the Site, to the fullest extent permitted by law, We exclude all warranties, whether express or implied, or representations as to its accuracy, timeliness or completeness. We do not assume any liability or responsibility for any errors or omissions in the Content of the Site.

Linked Site
We assume no responsibility for the contents or privacy practices of any other web sites to which the Site has links. We shall not be held responsible or liable for any loss or damages caused by use of or reliance on any content, goods or services available on such hyper-linked sites.

Consequences of Your Breach of these Terms
You acknowledge that should you breach this Terms We may suffer loss or damage (which may or may not arise out of third party claims against Us due to any such breach committed by you). You agree therefore that you will reimburse Us all reasonable costs, losses and expenses (including any of our lawyers’ fees) incurred by Us or by our affiliates or licensors, if they are incurred as a result of any breach by you of these Terms.

Severance and Waiver
In the event that any provisions of this Agreement are held to be illegal, invalid or unenforceable, such provisions will be severed and the remainder of this Agreement shall continue in force and in effect. No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Termination and Assignment
We reserve the right to terminate your access to this Site at any time with or without cause or notice. Any person who holds such a suspended or terminated account must not re-register on the Site without Our prior consent. We reserve the right to assign or sub-contract any or all of Our rights and obligations under these Terms.

Failure to Perform
We will not be held liable for any breach of these Terms by Us due to causes beyond our reasonable control.

Use of Site by Children
Some of the sound or audio recording files contained on the Site may not be suitable for young children and parents are advised to supervise their children’s use of the Site. Children are not permitted to use any of the services on this Site or enter any competitions. We do not collect personal information from children who visit this Site.

Extracts
All sound and audio recordings taken from films on the African Video Site are subject to copyright as owned by their respective film production companies. For the avoidance of doubt you may not copy, reproduce, download, modify or in any other way, electronically or otherwise, commercially exploit any, including any part of, the sound and audio recordings on this Site. Such extracts are provided on this Site for informational purposes only.

Complaints and Customer Queries
If you have any complaints or queries concerning Our services, the rental or purchase of any products from Our Site, technical problems etc, you can contact the African Videos Customer Services Team by:

Telephone: 0208 606 3886, 0779 639 4382; 11a.m to 8p.m., Mon to Friday; 12 noon to 5p.m. Saturdays
Email: info@africanvideos.co.uk
Post: 8 Byron Parade, Uxbridge Road, Hillingdon, Middlesex, UB10 0LZ

Amendments to these Terms
African Videos reserve the rights to update these Terms at any time. When We do so, We will publish the amended version on the Site home page. These amended Terms will take effect from the time they are first published on the Site, and from then on will govern your use of it. If you do not agree with the amended Terms, you must cease to use the Site.

Notices
Except where you cancel your Subscription Package (which you must do by accessing the Subscription Account area of the My Account section of the Site, and by clicking on cancel), all other notices shall be given (i) to Us via email at info@africanvideos.co.uk and (ii) to you at either the email or postal address provided by you during any registration or ordering process or by Us publishing relevant information on the Site. Notice will be deemed received either when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt),three days from the date of posting where any notice is posted to you, or immediately upon publication of any relevant information on the Site.

Entire Agreement
These Terms (including the Privacy Statement) , any order form and payment method instructions, if any, contain the entire Agreement between you and Us. You agree that you have not entered into these Terms in reliance on any statement or representation of any person other than as expressly incorporated in these Terms. These Terms supersede any previous Agreements, arrangements, undertakings or proposals, written or oral, between you and Us.

Governing Law
The Terms shall be governed by and construed in accordance with the laws of England and Wales, and are subject to the exclusive jurisdiction of the courts of England.