Terms of Use

1. ACCEPTANCE OF THE TERMS

These Terms of Use (the "Terms") constitute a binding and enforceable legal contract between Asesewa, its affiliated companies (together, the "Administrator", "we", "us") and you. Please read these Terms carefully.

1.1. Your access and use of the Asesewa website and mobile applications, as well as any service, content, and data available via them (together, the "Service" or the "Platform") are governed by these Terms.

1.2. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.

1.3. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

2. IMPORTANT DISCLAIMERS

2.1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTIES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

2.2. ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS; THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES' RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.

2.3. YOU ARE ENCOURAGED TO CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES, STANDARDS.

2.4. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILLIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A TRANSACTION. ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER'S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.

3. ACCOUNT REGISTRATION

3.1. In order to use certain features of the Service you may need to register an account on the Platform (the "Account") and provide certain information about yourself as prompted by the registration form.

3.2. You may create an Account as an individual or as an authorized representative of a company.

3.3. You can register only one Account. If more than one person accesses its Account from the same device, we may request to upload the proof of identity to avoid duplicate accounts.

3.4. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.

3.5. You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

3.6. We reserve the right to suspend or terminate your Account, or restrict your access to the Service, with or without notice to you, in the event that: (a) you breach these Terms; (b) we detect suspicious activity on your Account; or (c) we have reasonable grounds to believe that you are engaging in fraudulent activities, scams, creating duplicate profiles, or otherwise misusing the Service.

3.7. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. SERVICE

4.1. The Platform is an online marketplace that allows vendors to list products, buyers to purchase items, and users to interact with each other.

4.2. The Administrator itself is not an importer, manufacturer, distributor or seller of any item, nor a provider of any service posted by users on the Platform. The actual sale and purchase contracts are entered into directly between the users, and the Administrator itself is not a party to such transactions.

4.3. Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.

4.4. The Administrator reserves a right to delete or block access to products or user accounts without any notice in the event of: (i) receiving mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property rights to terminate infringement; (iii) infringements of rights or legal interests of other users; (iv) detecting violations of these Terms or any applicable law.

4.5. The Administrator retains the right to implement any changes to the Service at any time, with or without notice.

4.6. Each user of the Service is solely responsible for any and all their User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.

4.7. The Service may contain links to third party websites or advertisements. Such third party content is not under the control of the Administrator and the Administrator is not responsible for any such content.

5. PRODUCT LISTINGS

5.1. A user shall provide accurate and complete information about products, including description, price, images, and terms of sale.

5.2. Price of goods shall be exact and clearly stated. Any additional fees (shipping, taxes) shall be disclosed before purchase.

5.3. You may not list prohibited items including but not limited to: illegal goods, counterfeit products, weapons, hazardous materials, or any items that violate applicable laws.

5.4. You are responsible for ensuring that your products comply with all applicable laws, regulations, and safety standards.

6. FEES

6.1. The Platform is generally free for buyers. Vendors may be subject to transaction fees as disclosed on the Platform.

6.2. We charge a commission on completed sales. The commission rate is disclosed to vendors and may vary by product category.

6.3. We reserve the right, in our sole discretion, to change the fees and payment methods from time to time with prior notice to users.

6.4. Unless otherwise required by applicable law, fees are non-refundable.

7. USER REPRESENTATIONS AND WARRANTIES

By using the Service, you represent and warrant that:

• You have legal capacity and agree to comply with the Terms;
• If registering as a representative of a legal entity, you are authorized to bind the company;
• You are above 18 years of age;
• You will provide true, accurate, and complete information in your Account;
• You will not provide false or misleading information about your identity or location;
• You will use the Service in strict compliance with applicable laws;
• You will not post infringing, illegal, or prohibited content;
• You will not use the Service for fraudulent activities;
• You have legal title to items offered for sale;
• You have necessary licenses or authorizations to sell listed products.

8. INDEMNITY

You agree to indemnify and hold the Administrator harmless from any claim or demand arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any applicable law; (v) any transaction entered into via the Platform.

9. LIMITATION OF LIABILITY

9.1. IN NO EVENT SHALL WE BE LIABLE FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE.

9.2. NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR GHS 500.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. User Content remains your intellectual property. However, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your Content in connection with the Service.

10.2. You warrant that your use of the Service will not infringe the rights of any third party.

10.3. Materials on the Platform, including logos, designs, and software, belong to or are licensed by the Administrator and are protected by intellectual property laws.

10.4. If you believe your intellectual property rights are being infringed on the Platform, please contact us at support@myshop.c with details of the alleged infringement.

11. GOVERNING LAW AND JURISDICTION

11.1. These Terms shall be governed by the laws of the Republic of Ghana.

11.2. Any dispute arising out of or in connection to this agreement shall be settled by the Ghana Arbitration Centre in accordance with its Rules.

12. MISCELLANEOUS PROVISIONS

12.1. If any provision of these Terms is held to be invalid, such provision shall be struck out and shall not affect the remaining provisions.

12.2. We may assign our rights and obligations under these Terms to any other person.

12.3. The Administrator shall not be liable for any failure to comply with these Terms arising from factors outside the Administrator's reasonable control.

13. CONTACT

If you have any questions regarding the Service or these Terms, you may contact us at:

Email: support@myshop.c