T&Cs of BuyGH

Conditions of Use

Welcome to BuyGh.com. BuyGh and/or its affiliates ("BuyGh") provide website features and other products and services to you when you visit or shop at BuyGh.com, use BuyGh products or services, use BuyGh applications for mobile, or use software provided by BuyGh in connection with any of the foregoing (collectively, "BuyGh Services"). By using the BuyGh Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.

Please read these conditions carefully.

We offer a wide range of BuyGh Services, and sometimes additional terms may apply. When you use any BuyGh Service you also will be subject to the guidelines, terms and agreements applicable to that BuyGh Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will prevail.

ELECTRONIC COMMUNICATIONS

When you use BuyGh Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other BuyGh Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any BuyGh Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of BuyGh or its content suppliers and protected by Ghanaian and international copyright laws. The compilation of all content included in or made available through any BuyGh Service is the exclusive property of BuyGh and protected by Ghana and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BuyGh Service are trademarks or trade dress of BuyGh in the Ghana and other countries. BuyGh's trademarks and trade dress may not be used in connection with any product or service that is not BuyGh's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BuyGh. All other trademarks not owned by BuyGh that appear in any BuyGh Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BuyGh.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, BuyGh or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the BuyGh Services. This license does not include any resale or commercial use of any BuyGh Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BuyGh Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BuyGh or its licensors, suppliers, publishers, rightsholders, or other content providers. No BuyGh Service, nor any part of any BuyGh Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BuyGh. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BuyGh without express written consent. You may not use any meta tags or any other "hidden text" utilizing BuyGh's name or trademarks without the express written consent of BuyGh. You may not misuse the BuyGh Services. You may use the BuyGh Services only as permitted by law. The licenses granted by BuyGh terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own BuyGh account to use certain BuyGh Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. BuyGh does sell products to children, but it sells them to adults, who can purchase with a debit card or other permitted payment method. If you are under 18, you may use the BuyGh Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their BuyGh Household. Alcohol listings on BuyGh are intended for adults. You must be at least 18 years of age to purchase alcohol, or use any site functionality related to alcohol. BuyGh reserves the right to refuse service, terminate accounts, terminate your rights to use BuyGh Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BuyGh reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant BuyGh a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BuyGh and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BuyGh for all claims resulting from content you supply. BuyGh has the right but not the obligation to monitor and edit or remove any activity or content. BuyGh takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from BuyGh are delivered to you through a delivery person or company . This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

BuyGh does not take title to returned items until the item arrives at our office. At our discretion, a refund may be issued without requiring a return. In this situation, BuyGh does not take title to the refunded item.

PRODUCT DESCRIPTIONS

BuyGh attempts to be as accurate as possible. However, BuyGh does not warrant that product descriptions or other content of any BuyGh Service is accurate, complete, reliable, current, or error-free. If a product offered by BuyGh itself is not as described, your sole remedy is to return it in unused condition. 

PRICING

With respect to items sold by BuyGh, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by BuyGh is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

APP PERMISSIONS

When you use apps created by BuyGh, such as the BuyGh App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any BuyGh Service if you are the subject of Ghana sanctions or of sanctions consistent with Ghana law imposed by the governments of the country where you are using BuyGh Services. You must comply with all Ghana or other export and re-export restrictions that may apply to goods, software (including BuyGh Software), technology, and services.

OTHER BUSINESSES

Parties other than BuyGh operate stores, provide services or software, or sell product lines through the BuyGh Services. In addition, we may provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from BuyGh. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). BuyGh does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BUYGH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYGH SERVICES ARE PROVIDED BY BUYGH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BUYGH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, Es XPRESS OR IMPLIED, AS TO THE OPERATION OF THE BUYGH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYGH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BUYGH SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BUYGH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BUYGH DOES NOT WARRANT THAT THE BUYGH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BUYGH SERVICES, BUYGH'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BUYGH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BUYGH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BUYGH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BUYGH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any BuyGh Service will be adjudicated in Ghana, and you consent to exclusive jurisdiction and venue in these courts.

APPLICABLE LAW

By using any BuyGh Service, you agree that applicable laws of Ghana without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BuyGh.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Lagos Town

Takoradi

ADDITIONAL BUYGH SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with BuyGh Services (the "BuyGh Software").

1.      Use of the BuyGh Software. You may use BuyGh Software solely for purposes of enabling you to use the BuyGh Services as provided by BuyGh, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the BuyGh Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the BuyGh Software in whole or in part. All software used in any BuyGh Service is the property of BuyGh or its software suppliers and is protected by Ghana and international copyright laws.

2.     Use of Third Party Services. When you use the BuyGh Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

3.      No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the BuyGh Software, whether in whole or in part.

4.     Updates. We may offer automatic or manual updates to the BuyGh Software at any time and without notice to you.

5.      Government End Users. If you are a Ghana Government end user, we are licensing the BuyGh Software to you as a "Commercial Item" as that term is defined in the Ghana Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BuyGh Software are the same as the rights we grant to all others under these Conditions of Use.

6.     Conflicts. In the event of any conflict between these Conditions of Use and any other BuyGh or third-party terms applicable to any portion of BuyGh Software, such as open-source license terms, such other terms will control as to that portion of the BuyGh Software and to the extent of the conflict.

INFORMATION YOU CAN ACCESS

Examples of information you can access through BuyGh Services include:

·        <insert examples and remove what is not applicable>

·        status of recent orders (including subscriptions);

·        your complete order history;

·        personally identifiable information (including name, email, password, and address book);

·        payment settings (including payment card information, promotional certificate and gift card balances, and 1-Click settings);

·        email notification settings (including Product Availability Alerts, Delivers, Special Occasion Reminders and newsletters);

·        recommendations and the products you recently viewed that are the basis for recommendations (including Recommended for You and Improve Your Recommendations);

·        shopping lists and gift registries (including Wish Lists and Baby and Wedding Registries);

·        your content, devices, services, and related settings, and communications and personalized advertising preferences;

·        content that you recently viewed;

·        Your Profile (including your product Reviews, Recommendations, Reminders and personal profile);

·        If you are a member, you can access your account and other information, and adjust your communications preferences, by updating your account

INDEMNIFICATION

1. You hereby indemnify us, and undertake to keep us indemnified, against:
• any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our marketplace or any breach by you of any provision of these general terms and conditions or the Jumia codes, policies or guidelines; and
• any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

BREACHES OF THESE GENERAL TERMS AND CONDITIONS

1. If we permit the registration of an account on our marketplace it will remain open indefinitely, subject to these general terms and conditions.
2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any Jumia codes, policies or guidelines in any way we may:
• temporarily suspend your access to our marketplace;
• permanently prohibit you from accessing our marketplace;
• block computers using your IP address from accessing our marketplace;
• contact any or all of your internet service providers and request that they block your access to our marketplace;
• suspend or delete your account on our marketplace; and/or
• commence legal action against you, whether for breach of contract or otherwise.
3. Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

ENTIRE AGREEMENT

These general terms and conditions and the Jumia codes, policies and guidelines (and in respect of sellers the seller terms and conditions) shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

NO WAIVER

No waiver of any breach of any provision of these general terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of these general terms and conditions.

ASSIGNMENT

1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

THIRD PARTY RIGHTS

1.     A contract under these general terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

2.     The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party.

LAW AND JURISDICTION

1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.