AfroCharts Premium Terms of Use

These AfroCharts Premium Terms of Use (the “AfroCharts Premium Terms”) are in addition to, and are part of and are governed by, the AfroCharts Terms of Use (the “Terms of Use”), together with our Privacy Policy, Cookies Policy, Community Guidelines and any other terms specifically referred to in any of those documents ("the documents"). In the event of a conflict between these AfroCharts Premium Terms and the Terms of Use, these AfroCharts Premium Terms shall control only with respect to your use of AfroCharts Premium. Capitalized terms used in these AfroCharts Premium Terms not specifically defined in these AfroCharts Premium Terms, shall have the meanings given to the applicable capitalized terms in the Terms of Use.

AfroCharts Premium subscriptions

Certain features of the Platform are only available to registered users who purchase an AfroCharts Premium or an AfroCharts Premium subscription (“AfroCharts Premium”). These AfroCharts Premium Terms provide a few additional terms that apply to the purchase of an AfroCharts Premium subscription (a "AfroCharts Subscription"), and the purchase of an AfroCharts Premium subscription (a "AfroCharts Subscription"), and to Gift Codes related to it, including, among other things, terms relating to payment, the conclusion, renewal, switch and termination of your AfroCharts Premium.

AfroCharts Premium features and prices

A detailed description of AfroCharts Premium, including the price and the features associated with it, is available on our AfroCharts Premium landing page (the "landing page"). Please read this information in addition to the AfroCharts Premium Terms and supporting Documents carefully. If you do not agree to, or understand, any of the provisions set out on the Landing Page, you should not purchase an AfroCharts Premium or an AfroCharts Premium Subscription. All prices include VAT or other sales tax where applicable unless otherwise stated.

Purchase of AfroCharts Premium

To purchase an AfroCharts Premium or AfroCharts Subscription, simply select AfroCharts Premium, from the Landing Page on desktop or android, enter your payment details, and then click the purchase or, if applicable, the trial button. Please see the Term and Renewal as well as the Trials and Special Offers section below which states that fees will be automatically taken via your specified payment method on the expiry of the free trial period unless you cancel your trial AfroCharts Premium earlier.

Conclusion of contract and start of AfroCharts Premium

Selecting the plan and submitting your payment information is an offer to conclude a self-renewing contract with AfroCharts. If you sign up to receive a free trial AfroCharts Premium, or purchase an AfroCharts Premium, by clicking the purchase or trial button, you affirmatively acknowledge your agreement to these AfroCharts Premium Terms, and you are agreeing to be bound by a self-renewing contract with AfroCharts for the purchase of the applicable AfroCharts Premium. You can review your purchase before clicking on the trial or purchase button. The contract itself is not concluded and the AfroCharts Premium is not effective until you receive confirmation from us via email or until we activate your AfroCharts Premium, which ever happens first. Once your payment has been received or in case of a Trial the payment information has been received and processed to verify validity of your payment information, your AfroCharts Premium will be activated, and we will send confirmation of your effective AfroCharts Premium.

As noted above, the contract for your AfroCharts Premium is concluded when you receive our confirmation email, or when we activate the AfroCharts Premium, if this happens first, not when you make submit your payment information. Subject to availability, you may choose to select a different language to purchase an AfroCharts Premium by changing the language in the settings on the Platform.

Term and renewal

If you purchase an AfroCharts Premium, your AfroCharts Premium will be for a 30-day period, and your AfroCharts Premium will thereafter renew automatically for additional 30-day periods. AfroCharts will automatically charge your payment account the associated AfroCharts Premium fee on the date of commencement of each applicable 30-day renewal period, unless you cancel your Subscription before the applicable day of renewal. You can cancel your AfroCharts Premium at any time from the “AfroCharts Account” tab on your Subscriptions page on the Website. The date of renewal of your AfroCharts Premium is also displayed under the “AfroCharts Premium” tab on your Account page, so you can keep track of your AfroCharts Premium.

AUTOMATIC RENEWAL: AS STATED ABOVE, IF YOU DO NOT CANCEL YOUR AFROCHARTS PREMIUM PRIOR TO THE COMMENCMENT OF AN APPLICABLE 30-DAY RENEWAL PERIOD, WE WILL AUTOMATICALLY CHARGE YOUR PAYMENT ACCOUNT AT THE BEGINNING OF EACH SUCCESSIVE 30-DAY PERIOD.

Payment

Fees for your AfroCharts Premium are payable in advance and will be charged at the time the contract is concluded or renewed as described above, except for applicable Trials. Payment can be made by Visa, Mastercard, American Express or PayPal and/or any other payment method that is presented to you during the purchase process. Your payment details and other information you choose to provide will be treated in accordance with our Privacy Policy. We only accept credit cards issued in territories where the AfroCharts Premium is available.

In-app purchase via the Apple App Store

If you subscribe to AfroCharts Premium via the AfroCharts In-App purchase, the terms and conditions of the Apple app store through which you make the purchase will apply with respect to your purchase, including the payment process and payment terms as well as your right to opt-out and cancel, as applicable.

Trials and special offers, advance payment

We may offer customers who purchase an AfroCharts Premium for the first time an option to use AfroCharts Premium on a trial basis free of charge (a "Trial"), at a reduced price (“Special Offer”) or to pay for AfroCharts Premium periods in advance (“Advanced Payment”) (and each subject to additional terms and restrictions as may apply from time to time as indicated in connection with the offering). The offering provided in connection with a Trial may include the right to cancel the applicable AfroCharts Premium without being charged during the Trial period. In case of a Special Offer, the offering may include the right to cancel the applicable AfroCharts Premium without being charged the regular AfroCharts Premium fee for the subsequent AfroCharts Premium period. In case of Advanced Payment for AfroCharts Premium periods, the offering may include the right to cancel the applicable AfroCharts Premium to the end of the AfroCharts Premium period(s), which were already paid without being charged the regular AfroCharts Premium fee for any subsequent AfroCharts Premium period.

However, any applicable cancellation must occur prior to the end of the respective Trial or Special Offer period. The Trial or Special Offer period, its terms and conditions as well as its availability will remain at all times at AfroCharts sole discretion. We may provide conditions for eligibility for a Trial or Special Offer and may ask you to provide us with your payment details in order to subscribe to a Trial or Special Offer, and we may require that you consent to be charged (regular) AfroCharts Premium fees if you do not cancel your AfroCharts Premium prior to the end of the Trial period or Special Offer period. You can cancel your Trial AfroCharts Premium or the Special Offer AfroCharts Premium by clicking the „Cancel Subscription“ button in the “AfroCharts Premium” section of your Subscriptions page on the Website. If you do not cancel your AfroCharts Premium prior to the end of a Trial period or a Special Offer period, your AfroCharts Premium will automatically renew for consecutive 30-day periods, as described above, and AfroCharts Premium fees, as provided at the time of the Trial offering or such of the Special Offer, may be automatically charged to your specified payment account at the time the AfroCharts Premium is automatically renewed. For the avoidance of doubt, a Trial offer is limited to one AfroCharts Premium and one AfroCharts Premium trial per user per year.

Additional terms and conditions may apply to Trial and Special Offers as indicated at the offering.

Authorizations

We reserve the right to offer and provide access to AfroCharts Premium in certain territories only. Whereas AfroCharts Premium gives you access to our full catalog, availability of Content for listening offline is subject to the respective permission of the applicable rights holder, which may be withheld by the applicable rights holder in its discretion. This is necessary to ensure protection of copyright of other user’s Content in accordance with the Terms of Use, e.g. when a user chooses to not make their Content available for listening offline. In addition, if you save any Content for offline listening, this Content will only be available to you during the term of your AfroCharts Premium and, following the cancellation or expiration of your AfroCharts Premium, any Content you have saved for offline listening may be deleted by AfroCharts in its discretion.

Use of your devices: usage limitations

In order to be able to provide you with the AfroCharts Premium features, you authorize us to make use of the processing power and storage of the devices you use to log in to AfroCharts. Your AfroCharts Premium can be used on up to three different devices at a time, although streaming while you’re logged in is limited to one device at a time. Subject any applicable restrictions relating to offline saved Content, and provided that you limit your use of AfroCharts Premium to three devices, you will be able to listen to any offline Content through all three devices but only through one at the same time. If you exceed this three device limit and try to log into AfroCharts Premium via an additional device, we will provide you with the option to decide which of the devices will be authorized for your AfroCharts Premium. Access from non-authorized devices will be restricted. We will notify you in this case to ensure that your AfroCharts Premium was accessed on that new device with your consent.

Please make sure to log in to your AfroCharts account at least once during each of your 30-day AfroCharts Premium periods to ensure your Collection remains available for offline listening on your device. Otherwise, Content you select for offline listening will be automatically removed from your device after 30 days.

AfroCharts Premium is currently compatible with internet enabled computers and Android and iOS smartphones and iOS tablets. AfroCharts Premium requires a device running iOS8 (or later) or Android 4.40 (or later) operating system. Although we are working to ensure that AfroCharts Premium is compatible across various devices, we cannot guarantee that it will work on all devices and it is your responsibility to ensure that you are able to comply with the relevant system requirements as described above. Your use of AfroCharts Premium and enjoyment of its features and content hosted or made available through it may vary in functionality, availability and quality depending on the type of device you use.

Our rights to terminate the contract

AfroCharts may suspend or terminate your AfroCharts Premium if AfroCharts determines, in its reasonable discretion, that you have repeatedly breached the AfroCharts Premium Terms and/or the additional Documents. Please note we do not offer refunds to AfroCharts Premium or AfroCharts Subscription holders whose accounts are terminated as a result of repeated infringement of the AfroCharts Premium Terms and/or additional Documents. For more information, please see the sections entitled “Repeat Infringers” and “Termination” in the AfroCharts Terms of Use.

AfroCharts also reserves the right to suspend your AfroCharts Premium in the event that we are prohibited from taking payment via the method specified in the “Payment” section. We will notify you of any failure to take payment and resultant suspension of your AfroCharts Premium. You must then provide an alternative and satisfactory payment method within seven days of notification of suspension. In the event that you do not provide a satisfactory payment method, AfroCharts reserves the right to terminate your AfroCharts Premium.

Changes to pricing and features

We may occasionally need to change the features made available with AfroCharts Premium and/or change the price charged for your AfroCharts Premium or offer promotions. In the event of any increase in the price or material reduction in the features of your AfroCharts Premium, we will communicate these change(s) to you at least six (6) weeks in advance and the changes will only take effect with respect to any renewal of your AfroCharts Premium following the applicable six (6) week period. You can cancel your AfroCharts Premium prior to the effective date of the changes by clicking the "Cancel Subscription" button on the “AfroCharts Premium” tab on your Subscriptions page on the Website. If you do not cancel your AfroCharts Premium prior to the applicable effective date of the changes, your AfroCharts Premium will be modified to reflect the applicable change to the AfroCharts Premium features and/or price charged for your AfroCharts Premium.

Export control

To be able to provide you with the Services we have to comply with applicable export control laws. You may not purchase AfroCharts Premium if you are located in Cuba, Iran, North Korea, Sudan or Syria or if you are deemed a “Denied Party” according to this list provided by the Bureau of Industry and Security of the USA. By purchasing and making use of AfroCharts Premium you agree to abide by all applicable export control laws. Therefore, you warrant to neither directly or indirectly sell, export, re-export, transfer or transmit any content, software or technology to any territory or person that is prohibited under applicable laws.

Last updated: 16 December 2020