1. Terms And Conditions

    Introduction

    Applicable Terms. Thank you for using Zemura.com 
    Zemura is a service provided by Afrinovation International Limited, Allen Avenue, Ikeja - Lagos. Zemura is a “Service” as defined in the Terms of Service. Your use of Zemura and the digital content available on it is subject to these Terms of Service.

    Please read the Terms. If you do not understand the Terms, or do not accept any part of them, then you should not use or purchase digital content from Zemura.com

    Services of Zemura.com

    Direct, Agency and Digital Content Sales. When you buy Products/Contents (Software, Applications, E-Books, Database, Written text, Mobile App, Template, Theme, Manual, Video, Music, Audio files or other sounds, photographs, or other digital contents) from Zemura you will buy them from: The provider of the Vendor, where Zemura is acting as agent for the Vendor (an “Agency Sale”);

    Each time that you purchase a Product/Content, you enter into a separate sale contract :

    For Agency Sales the statement, in the Zemura Terms And Condition, “do not create any third party beneficiary rights”, does not apply to your use of the Service.

    Access to Products. You may use Zemura to browse, locate, and/or download Products for your mobile, computer or other supported device (“Device”).

     

    Your Use of Zemura

    Age Restrictions. In order to use Zemura you must be 16 years of age or older. If you are between 16 and 18 years of age, and you want to use Zemura, please read through the Terms with your parent or legal guardian, and only accept the Terms and use Zemura with the permission of your parent or legal guardian. In order to serve as the family manager of a family group on Zemura, you must be at least 18 years old. You must not access Zemura or accept these Terms if you are a person who is either barred or otherwise legally prohibited from receiving or using the Service or any Products under the laws of the country in which you are resident or from which you access or use Zemura.

    Basic Use Requirements. To use the Service, you will need a Device that meets the system and compatibility requirements for the relevant Product, which may change from time to time, working Internet access, and compatible software. Your ability to use the Service and the performance of the Service may be affected by these factors. Such system requirements are your responsibility.

    Third-Party Fees. You may incur access or data fees from third parties (such as your Internet provider or mobile carrier) in connection with your purchase and use of Products and Zemura.

    Updates. You may need to install updates to Zemura or related Zemura software that we introduce from time to time to use Zemura and to access or download Products. Products originating from Zemura may communicate with Zemura servers from time to time to check for available updates to the Products and to the functionality of Zemura, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products you have installed requires that you have agreed to receive such automatically requested Updates. If you do not agree to such automatically requested and received Updates then please do not use the Zemura or install these Products

    Zemura may update any Zemura app or any app you have downloaded from Zemura to a new version of such app, irrespective of any update settings that you may have selected within the Zemura app or your Device, if Zemura determines that the update will fix a critical security vulnerability related to the app.

    Information about You. In order to access certain services in Zemura, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, is shared between Zemura and its subsidiaries to operate the Service. Zemura’s privacy policies explain how we treat your personal data and protect your privacy when using Zemura. Any such information you provide to Zemura must always be accurate, correct and up to date. Zemura may need to provide your personal information, such as your name and email address, to Providers for the purposes of processing your transactions and/or provisioning Products to you. Zemura has agreed with Providers that they will use this information in accordance with the privacy policies.

    Unauthorised Access to Accounts. You must keep your user details secure and must not share them with anyone else. You must not collect or harvest any personal data of any user of Zemura or user of other Zemura services via Zemura, including account names.

    Disabled Accounts. If Zemura disables access to your account, pursuant to these Terms, you may be prevented from accessing Zemura, your account details or any files or other Products that are stored with your account.

     

    Purchases and Payments

    Free Products. Zemura may allow you to download or use Products free of charge. Any terms and conditions that apply to purchased Products will apply to free Products, except with respect to payment-related matters (for example, the refund-related provisions of these Terms do not apply to such free Products). Zemura may impose limitations on your access and use of certain free Products.

    Purchase of Products. When you buy a Product, you are buying a service. Your contract for the purchase and use of that service is completed once you receive the email from Zemura confirming your purchase, and performance of this service begins as soon as the purchase is complete.

    Payment Processing. Zemura may make available to you various payment processing methods to facilitate the purchase of Products from Zemura. You must abide by any relevant terms and conditions or other legal agreement, whether with Zemura or a third party, that governs your use of a given payment processing method. Zemura may add or remove payment processing methods at its sole discretion and without notice to you. You agree to pay for any Products that you order and that Zemura or Zemura’s payment processor may charge your credit card or other form of payment that you indicate for any Products ordered, along with any additional amounts (including any taxes). You are solely responsible for all fees associated with purchases you make on Zemura.

    Payment Terms.  In order to purchase Content on Zemura, you must agree to the payment terms as specified in the Zemura Payments Terms of Service. The Payments Terms of Service and Privacy Notice also apply whenever you want to purchase Content using a Zemura Payments account. Please ensure that you read those terms carefully before making any purchase. Some purchases in Zemura will require you to transact with the product Provider directly. In these cases, to process your transaction and maintain your account, we may share your personal information with the product Provider.

    Your network provider may send us your billing address information to help us create your Zemura account. We will hold and use this information in accordance with Zemura’s privacy policies.

    Pricing. For sales as both Principal or Agent, Zemura displays the pricing for Products on Zemura. Pricing and availability of all Products are subject to change at any time before a purchase is completed.

    Taxes. You are responsible for any Taxes, and must pay for Products without any reduction for Taxes. If the seller of a Product is obligated to collect or pay Taxes, the Taxes will be charged to you. “Taxes” means any duties, customs fees, or taxes (other than income tax) associated with the sale of Products, including any related penalties or interest.

    Compliance with Tax Laws. You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of Zemura or the purchase of Products through Zemura. The reporting and payment of any such applicable taxes are your responsibility.

    All Sales Final. Except as expressly set forth in these Terms or other Zemura policies, all sales are final, and no returns, replacements or refunds are permitted (this sentence does not apply where you have been provided with a defective Product. If a replacement, return or refund is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the Product that you acquired through that transaction. Your rights to cancel or return purchases and get a refund are set out by Zemura.

     

    Subscriptions

    Free Trials of Magazines/Content. If you purchase a subscription for a magazine/content that includes a free trial, you will (subject to these Terms) receive free access to the relevant content for the duration of the free trial period. If you cancel the subscription during the free trial period you will not be billed. You will retain access to the content you receive during the free trial period after that trial period ends. If you do not cancel during the free trial period you will be billed at the end of the free trial period for the first period of the subscription that you purchased, which will commence at the end of the free trial period. Free trials are limited to one per user per magazine/content.

    Free Trials of Apps. Subscribing to a free trial for an App gives you access to the subscription benefits for that app for a duration specified by the application developer. At the end of the trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. Once you cancel your trial, you will immediately lose access to the relevant app and any subscription privileges.

    Cancellations. When you purchase a subscription, your contract for the subscription is completed and performance begins once we email you confirming your order. You have the right to cancel that subscription (except for Magazine subscriptions) for a refund within a period of 7 days beginning with the day after you purchase the subscription. This right of cancellation expires when you are first able to access any of the relevant subscription content. In addition, if you purchase an auto-recurring periodic subscription (whether monthly, annual or another period) to a Product, you may cancel that subscription at any time before the end of the applicable billing cycle, and the cancellation will apply at the end of that billing cycle. For example, if you purchase a monthly subscription, you may cancel that subscription at any time during any month of the subscription, and the subscription will be cancelled as of the end of that month. You will not receive a refund for the current billing period. You will continue to receive issues and updates of the relevant subscription during the remainder of the current billing period, and your access to these will not be affected by the cancellation. Additional refund policies for magazines are set out in section 10 below.

    Price Changes. When you purchase a subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the Provider later increases the price of the subscription, Zemura will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

    Declining Price Changes. If you do not wish to pay the increased price for a subscription, you may cancel the subscription in the manner described in the Zemura help center and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. In some cases where the Provider increases the price of a subscription Zemura may cancel your subscription unless you agree to re-subscribe at the new price. If your subscription is cancelled and you later decide to re-subscribe, you will initially be charged at the then current subscription rate.

     

    Rights and Restrictions

    License to Use Products. Following payment of the applicable fees for a Product, and once the Product has been made available to you, you will have the non-exclusive right, for the period selected by you in the case of a purchase for a rental period, and in other cases for as long as Zemura and the applicable copyright holder have rights to provide you that Product, to download or stream copies of the applicable Product to your Devices (in each case, solely as expressly permitted by Zemura via the Zemura user interface and subject to the restrictions set forth in these Terms), and to view, use, and display the Product on your Devices or as otherwise authorized by Zemura as part of the Service for your personal, non-commercial use only. All rights, title and interest in Zemura and Products not expressly granted to you in these Terms are reserved by Zemura and its licensors.

    Violation of License Terms. If you violate any of the material terms and conditions of the Terms, your rights under this license will immediately terminate and Zemura may terminate your access to Zemura, the Products and/or your Zemura account without notice and without refund to you.

    No Public Performance. You agree not to display content contained in Products in whole or in part as part of any public performance or display even if no fee is charged (except where such use would not constitute a copyright infringement). Use of a tool or feature provided as an authorized part of Zemura (for example, “Social Recommendations”, as defined in the Music terms below) is permitted, provided that as you use the tool or feature as specifically permitted and only in the exact manner specified and enabled by Zemura.

    Sale, Distribution or Assignment to Third Parties. You may not sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense or transfer or assign Products or your rights to Products to any third party without authorization, including with regard to any downloads of Products that you may obtain through Zemura. Use of any tool or feature provided as an authorized part of Zemura (for example, “Social Recommendations”) shall not violate this provision so long as you use the tool as specifically permitted and only in the exact manner specified and enabled by Zemura.

    Capturing of Streams. You may not use Zemura or any Product in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any Product that is presented to you in streaming format.

    Sharing. You may not use Products as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution (including, without limitation, libraries), except as specifically permitted and only in the exact manner specified and enabled by Zemura (for example, through “Social Recommendations”).

    Security Features. You may not attempt to, nor assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect any Product or Zemura. If you violate any security feature, you may incur civil or criminal liability.

    Proprietary Notices. You may not remove any watermarks, labels or other legal or proprietary notices included in any Product, and you may not attempt to modify any Products obtained through Zemura, including any modification for the purpose of disguising or changing any indications of the ownership or source of a Product.

    Defective Products. Once a Product is available to you through your account, you should check the Product as soon as reasonably possible to ensure that it downloads or streams correctly (as applicable) and performs as stated, and notify us as soon as reasonably possible if you find any errors or defect. In the case of apps, you should in the first instance contact the developer concerning any defects or performance issues in the apps. In the case of Products other than apps, subject to any limitations in the additional terms for the specific Product below, you may return Products that you purchased from Zemura to Zemura if Zemura does not perform as stated with respect to that purchased Product, and Zemura will provide at its option either a replacement Product or a refund of the purchase price. In the case of subscription purchases, Zemura may grant a refund for the entire term or a partial refund for issues not received in the remaining term of a subscription.

    Removal or Unavailability of Products. Subject to these Terms, Products that you purchase will be available to you through Zemura for the period selected by you in the case of a purchase for a rental period, and in other cases as long as Zemura has the right to make such content available to you. In certain cases (for example, if Zemura loses the relevant rights, discontinues a service or a Product is discontinued, breaches applicable terms or the law), Zemura may remove the Product from your Device or cease providing you with access to certain Products that you have purchased. If we are able to do so. If you are not able to download a copy of the Product before such removal or cessation, then Zemura will, at its option, offer you either (a) a replacement of the Product if possible or (b) a refund of the price of the Product.

    Effect of Refunds. If a refund of the purchase price of a Product is issued to you for any reason, you will no longer have the right to access the relevant Product.

    Select, Copy and Paste. Select, copy and paste functions may be available for some text-based Products, and you must use these features within the prescribed limits and only for personal non-commercial purposes.

    Multiple Accounts. If you have multiple Zemura accounts with different user names, in some cases you may transfer Products out of an account and into another account, provided you are the owner of each such account and provided Zemura has enabled a feature of the relevant service allowing such transfers.

    Limits on access on Devices. Zemura may at any time place limits on the number of Devices and/or software applications you may use to access Products, at Zemura’s discretion. In some circumstances (for example, where we are required to do so by law) we may change such limits in relation to Products that you have previously purchased. You must adhere to all such limits. Zemura may record and store the unique device identifier numbers of your Devices in order to enforce such limits. If you do not agree to Zemura recording and storing this type of information then you should not use the Service or purchase Products.

    Dangerous Activities. None of the Products are intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Products could lead to death, personal injury, or severe physical or environmental damage.

    Changes to these Terms. If these Terms change, you will be asked to accept new terms before you next purchase Products. Once you have accepted the new terms, they will apply to your use of all Products (including Products you have purchased in the past) and all subsequent purchases, until we notify you of further changes.

    If you refuse to accept the updated terms then you will not be able to buy any further Products through Zemura, and the latest version of these Terms that you accepted will continue to apply to your use of Products. In this case we will, if we are able to do so, give you a reasonable period of time in which to download a copy of any Product you have previously bought from Zemura to your Device, and you may continue to view that copy of the Product on your Devices in accordance with the last version of these Terms that you accepted.

    After that time has expired, you will not be given a further opportunity to download the Products you have previously bought and it is possible that you will no longer be able to use Zemura to access or use the Products you have already bought or related support services. To do so you may also need to create a new account.

    Zemura liability. Nothing in the Terms is intended to exclude or limit the liability of any party for (i) death or personal injury; (ii) fraud; (iii) fraudulent misrepresentation; or (iv) any liability that cannot be excluded or limited by law.

    Governing Law; Jurisdiction. The laws of Federal Republic of Nigeria apply to these Terms and will apply to any disputes arising out of or relating to these Terms. Claims arising out of or relating to these Terms will be subject to the exclusive jurisdiction of the Nigeria courts, or the courts of your usual place of residence.

     

    Music/Audio on Zemura

    Introduction. Zemura includes certain music-related services, which are described in greater detail below and defined as the “Music/Audio Services.”

    Music Products. The Zemura allows you to browse, preview, stream, purchase, download, recommend and use a variety of digital music and music-related content (such as music files, music video files, previews, clips, artist information, user reviews, professional third-party music reviews and other digital content) (“Music/Audio Products”). Music Products may be owned by Zemura or its third-party partners and licensors and may contain watermarks or other embedded data.

    Cancelling a Music/Audio Purchase; Refunds. You have the right to cancel each purchase of a Music Product from Zemura for a refund within 10 working days of the day after that Music Product becomes available for you to download or stream. Once you download or stream any Music Product that you purchase, you no longer have the right to cancel your purchase of that Music Product (unless the Music/Audio Product is defective).

    Rights to Stored Content. You retain any rights that you already hold in Stored Content.

    Compliance With Settings. You must observe and comply with any settings or parameters set by Zemura or a copyright holder in connection with Music/Audio Products. For example, Zemura or the copyright holders may correct errors in Music/Audio Products, add additional features or change the security features or regional availability of the Music/Audio Products. Where these changes are made, the Music Products may automatically update.

    Third-Party Provisions. Notwithstanding anything to the contrary in these Terms, the third parties who license their musical or other content to Zemura as Music Products or for other use in connection with the Zemura (including Providers in the case of Agency Sales) are intended third party beneficiaries under these Terms solely with respect to the specific provisions of these Terms that directly concern their content (“Third-Party Provisions”), and solely for the purpose of enabling such third parties to enforce their rights in such content. For the avoidance of doubt, nothing in these Terms confers a third-party beneficiary right upon any party, with respect to any provision that falls outside the Third Party Provisions, which includes but is not limited to any provisions or agreements incorporated by reference, or that may be referenced without incorporation, in these Terms.

     

    1. Books on Zemura

    Publisher is Provider. Where Zemura is acting as agent for the Provider of the Book/E-Book, as described above, the “Provider” is the publisher of the Book.

    Updates to Books Content. Zemura or the copyright holders of Books Products may update such Books Products and change digital rights settings for such Books Products from time to time. For example Zemura or the copyright holders may correct errors in the Books Products or may add additional features, or may change the security features for the Books Products. Where these changes are made the Books Products that you see will automatically update, except where you have downloaded a copy of the Books Products to a Device.

    Pricing. Prices and availability of any Books Products are subject to change at any time before the purchase is completed.

    Additional Restrictions. The sale of Books does not provide any promotional use rights in any Book.

    Pre-Ordering.

    (a) When you place a pre-order for a Book Product, your contract for the purchase and use of that item is completed when the Book Product becomes available in your account, and you are not able to cancel the pre-order after that point. Once the Book Product is available in your account, your cancellation and return rights are the same as for other Products that you purchase through Zemura.

    (b) When you pre-order Books Products, the Books Content will automatically be available in your account once it becomes available to read, and you will be charged for the purchase at that time.

    (c) You can cancel your pre-order at any time up to the point at which the Books Product becomes available to read. Once the Books Product is available for you to read, your cancellation and return rights are the same other Products that you purchase through Zemura. Please see the terms above for more information.

    (d) In some cases, we will need to cancel a pre-order you have placed (for example, we will cancel the pre-order if: the price of the Books Product changes between the time of your pre-order and the time at which the Books Product becomes available in your account; the Publisher of the Books Product requires us to withdraw the Books Content from sale; we have not been able to process your payment for the Books Product; or where we are required to do so by law). In this situation, your pre-order will be cancelled.

     

    Movies and Video on Zemura

    Cancellation. You can cancel your purchase of a Video Product and get a refund for an unwatched rental as long as the request is made within 2 working days beginning with the day after your order. Zemura reserves the right to approve or deny refund requests within 30 working days at its sole discretion (except where the Video Product is defective, in which case paragraph 6 will apply).

    Purchase Options. When you order a Video Product through the Service, you may either (i) rent the Video Product for viewing an unlimited number of times during the period of time specified on the transaction page displayed at the time of your payment (“Viewing Period”) and noted in your confirmation email (“Rental Video Product”) or (ii) purchase the Video Product for storage in a digital locker and for viewing an unlimited number of times as long as Zemura and the applicable copyright holder have rights to provide you that Video Product in the digital locker (“Locker Video Product”).

     

    1. Magazines on Zemura

    Refunds. Where you are granted a refund, Zemura may issue a refund for the entire term or grant a partial refund for issues not received in the remaining term of a subscription. Following Zemura’s provision of a refund to you, you will no longer have the right to access the applicable issues of the relevant magazine Product delivered during the refunded period, or if a partial refund is given, any issues of the relevant magazine Product not yet received. If a Product is no longer available on Magazines on Zemura (for example, if a title goes out of business or is sold to another publisher that does not provide magazines on Zemura), Zemura will give you a refund (which may be a full refund for the current period of the subscription or a partial refund for issues not yet received in the current period).

    Information Zemura Shares with Magazine Publishers. If you purchase a subscription of any length on Magazines on Zemura, Zemura will share your name, email address, mailing address and a unique identifier with the magazine’s publisher. Zemura has agreed with the magazine publisher that the magazine publisher will use this information in accordance with its privacy policy. You will be provided the opportunity to opt out of any communications from the publisher that do not relate to the subscription you are purchasing, and to opt out of marketing communications from third parties, at the time you purchase your subscription. If you purchase a single issue on Magazines on Zemura, Zemura may provide your postal code to the magazine’s publisher. We also provide magazine publishers with sales information on magazine purchases.

    Verifying Print Subscriptions. If you are accessing a subscription on Magazines on Zemura through an existing print subscription from that magazine’s publisher, we may ask a third party service provider to verify your print subscription with the magazine publisher, and we may ask you for certain information relating to your print subscription in order to do so.