General Conditions

This website (Afrotonik.com) (the “Site”) is operated by Afrotonik Village, a non-profit organisation governed by the Companies Act (Québec) Part III, having its head office in Montreal, Quebec, Canada (“Afrotonik”). For the purpose of these Terms of Use, the word “Site” also includes any application for smartphones, pads and other digital devices, that is operated by Afrotonik.

The use of the Site is governed by the terms and conditions set out below, which constitutes a contract between the user of this Site (the “User”) and Afrotonik. By accessing this Site, you acknowledge having read and understood the rules set out below, to which you are legally bound.

Unsolicited E-mails and Other Mass Mailings

Please do not use the information on this Site, including the e-mail addresses shown here, to send, distribute, or facilitate the transmission of unsolicited e-mails or other mass mailings to Afrotonik, its directors, its employees or its partners.

a.      Intellectual Property

You acknowledge that this Site and its content are protected by Québec and Canadian laws on intellectual property, including, without limitations, the Copyright Act and the Trademarks Act. All the trademarks of Afrotonik, our business names, the domain name “afrotonik.com”, as well as our logo, and all items accessible on the Site, including texts, images, designs, icons, sounds, code, applications, etc., are protected by these laws and are our exclusive property and any non-authorized use is forbidden. Any attempt to access the source code of this Site is also forbidden.

You undertake not to, directly or indirectly, violate, create confusion with, or contest the validity of intellectual property owned, controlled, registered or used under license by Afrotonik.

b.      License

Afrotonik grants a limited license to the Users of this Site. This Site may only be used for personal, educational and non-commercial purposes. You are not authorized to copy, modify, reproduce in multiple copies, publish, transmit or distribute the contents of this website in whole or in part, or to sell its contents without the written consent of a duly authorized representative of Afrotonik. You may view, consult, display, print, store in memory and download the Site’s contents, provided that you do not remove the copyright mentions contained therein and that you indicate the source of such contents. Any other use is strictly prohibited.

c.      Responsibility of the User

The User is entirely responsible for his use of the information and contents of the Site.

Any use of the Site by the User of which the direct or indirect consequence is to cause a prejudice to Afrotonik is subject to compensation to Afrotonik.

d.      Responsibility of Afrotonik

Afrotonik does not guarantee an uninterrupted access to the Site and to the contents of the links offered on the Site.

Any malfunction of the server or network of Afrotonik or its suppliers cannot entail the liability of Afrotonik. Likewise, Afrotonik is not liable for an interruption, programmed or not, of the access to the Site, for example in case of a breakdown, for maintenance purposes or for any force majeure event and shall not be held liable of any damage whatsoever resulting from the unavailability of the Site.

Afrotonik is not in any way liable for the eventual transmission of a computer virus, a worm or any program of an invasive or destructive nature, in any manner whatsoever, or of a risk of interception of personal information by third parties on the Site. The exploration of the Site or the downloading of images or files from the Site or the Applications are entirely at the User’s risks.

The liability of Afrotonik cannot be entailed in case of force majeure, acts of God or any unforeseeable or insurmountable event.

The User releases Afrotonik of any responsibility which may arise from the use of inaccurate information provided on the Site.

Afrotonik undertakes to implement all necessary means to guarantee the security or confidentiality of the data contained on the Site. However, Afrotonik does not guarantee a total security.

Afrotonik does not guarantee the reliability of its sources, even though the information communicated on the Site or the Applications is deemed reliable.

The opinions and comments published by Users on the Site reflect solely the opinions of their authors, and Afrotonik cannot be held liable for them.

The Site may contain links to third-party websites, or applications operated by third parties. These external websites or applications are not exploited by Afrotonik and Afrotonik assumes no responsibility for the content, data policies or practices of these websites or applications. Consequently, Afrotonik recommends to the User to consult the data policies and general terms of use of these websites and applications.

e.      Applicable Laws and Jurisdiction

This Site and these Terms of Use are governed by and construed and interpreted according to the laws of the Province of Québec (Canada) and the Canadian federal laws applicable therein.

You hereby expressly attorn to the Courts of the judicial district of Montréal, Province of Québec (Canada), which shall have exclusive jurisdiction with respect to any proceeding arising or in connection, in any way, with this Site, its use or any matter in connection with the protection of your personal information.

f.        French and English Versions

In case of conflict between the French and English versions of these Terms of Use, the English version shall prevail.

g.       Modification of these Terms of Use

We may modify the content of this Site without notice. These Terms of Use may be modified, without notice, from time to time in the future. We thus encourage you to examine it each time you visit this Site, especially to be informed of the terms and conditions to which you are bound while using this Site.

These Terms of Use have last been updated in December 2024.

For any additional information with respect to this Site, please contact us at the following address: michael.mutanda@afrotonik.com.