BEGINNERS GUIDE
DELIVERY METHOD
SHOPPING GUIDE
AFTER SALES
Terms of Use
Last updated [August 1, 2023]
1.0 AGREEMENT TO TERMS
Brief Introduction
Isadea means better shopping experience: better prices, better delivery service , better service and anything a great shopping experience has to offer.
These Terms of Use(Terms and Conditions) hereinafter referred as ToU constitute a legally binding agreement made between (“we,” “us” or “our”) Isadea & Vessels Ltd [a private company incorporated in the companies Act 2019(Act 992), (hereinafter referred as Isadea & Vessels)] and “you” the “user" concerning your access to and use of the [isadea.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, “Site")
For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether such User has registered with Isadea.com as a registered user or not. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
(a) You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these ToU If you do not agree with all of these ToU, then you are expressly prohibited from using the Site and you must discontinue use immediately.
(b) Supplemental terms and conditions or documents that may be posted on the Site 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 ToU at any time and for any reason.
(c) We will alert you about any changes by updating the “Last updated” date of these ToU, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these ToU to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised ToU by your continued use of the Site after the date such revised ToU are posted.
(d) The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2.0 INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Ghana, foreign jurisdictions, and international conventions.
(a) The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these ToU, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
(b) Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3.0 GENERAL USERS
(a) Users may use this Site solely for their own personal or internal purposes. Each User agrees to be bound by Section 2 and Section 12 of this terms and conditions.
(b) Third-Party websites and Content
ü The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
ü Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
ü Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these ToU no longer govern.
ü You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
ü You agree and acknowledge that we do not endorse the products or services offered on Third-Party. Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
(c) Messages or information sent by a User through communication systems provided by the Site, or through emails, fax or letters to addressees obtained from the Site, are governed by section 13 below
4.0 USERS WITH ACCOUNT REPRESENTATION
(a) User Registration
ü You may be required to register to use the Site.
ü You agree to keep your password confidential and will be responsible for all use of your account and password.
ü We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
(b) By using the Site ,you represent and warrant that:
ü All registration information you submit will be true, accurate, current, and complete;
ü You will maintain the accuracy of such information and promptly update such registration information as necessary;
ü You have the legal capacity and you agree to comply with these ToU; you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; you will not use the Site for any illegal or unauthorized purpose; and your use of the Site will not violate any applicable law or regulation.
(c) Each User who has filled out an online registration form on the Site by giving its information (such as name, address, telephone and fax number, email address, etc.) is a registered user of Isadea.com (a "Registered User"). Isadea & Vessels will establish an account ("Account") for each Registered User and each Registered User is assigned a user alias ("User ID") and password ("Password") for log-in access to its own Account.
(d) Isadea & Vessels may assign an Account letter with limited storage space for the User to send or receive massage through user Account (the "Account letter"). The User shall be responsible for all users and the content of all the messages communicated through the Email, Account letter, as well as the consequences of any such message.
(e) If the user with an account is a business entity, you represent that (a) you have the authority to bind the entity to this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Isadea & Vessels during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
(f) By becoming a Registered User, you consent to authorize Isadea & Vessels to share such information with other Users.
(g) Isadea & Vessels may suspend or terminate a Registered User's Account at any time by giving no less than 24-hour notice to the Registered User; provided, however, that notice is not required for such termination if,
I. In Isadea & Vessels’ determination, there is any breach of the provisions of this Agreement by the Registered User; or
II. Isadea & Vessels has reasonable grounds to suspect that such information provided by a Registered User is untrue, inaccurate or is not current or complete, or
III. Isadea & Vessels believes that the Registered User's actions may cause financial loss or legal liability to such Registered User, Isadea & Vessels’ other Users, or Isadea & Vessels or its affiliates.
(h) The Registered User shall not use the Account's letter for junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or any kind or nature. Further, the Registered User shall not use the Account's letter to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
(i) Notwithstanding Section 5(a) below, Isadea & Vessels’ may refuse registration and deny the issuance of an Account and/or web massage Account and associated User ID and Password to any User for whatever reason.
(j) If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
5.0 USERS WHO POST INFORMATION ON THE SITE TO SELL OR SEARCH (VENDORS)
(a) You must be a Registered User in order to post information on the Site for sale using the self-help submit and edit tools provided through the Site. Your status as a Registered User is governed by the provisions of Section 4 above.
(b) No sales agency relationship is created between any User and Isadea & Vessels, our affiliates, directors, officers or employees by virtue of Isadea & Vessels display of any of the User's information on the Site.
(c) Each User hereby represents warrants and agrees to
(1) Provide Isadea & Vessels with true, accurate, current and complete information to be displayed on the Site and
(2) Maintain and promptly amend all information to keep it true, accurate, current and complete. Each User hereby grants an irrevocable, perpetual, worldwide and royalty-free, sub licensable (through multiple tiers) license to Isadea & Vessels to display and use all information provided by such User in accordance with the purposes set forth in this Agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
(d) Each User hereby represents, warrants and agrees that it has obtained all necessary third party copyright or trademark licenses and permissions and shall be solely responsible for ensuring that any material or information it posts on the Site or provides to Isadea & Vessels or authorizes Isadea & Vessels to display, or the products represented thereby, do not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party, or is posted with the permission of the owner(s) of such rights.
(e) Each User hereby represents, warrants and agrees that information submitted to Isadea & Vessels for display on the Site shall not:
ü contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
ü be part of a scheme to defraud other Users of the Site or for any other unlawful purpose;
ü relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy;
ü violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
ü be defamatory, libelous, unlawfully threatening or unlawfully harassing;
ü be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
ü promote discrimination based on race, sex, religion, nationality, disability, ethnicity, sexual orientation or age;
ü contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
ü solicit business from any Users in connection with a commercial activity that competes with Isadea & Vessels;
ü contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
ü Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement; or otherwise create any liability for Isadea & Vessels or its affiliates.
(f) By using the Site, you agree to be bound by other agreements in our Vendor Policy, please {click here} to read it in full.
6.0 PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these ToU
7.0 TRANSACTIONS BETWEEN VENDORS AND BUYERS
Through the Site, Isadea & Vessels provides an electronic web-based platform for transactions between buyers and suppliers of products and services. Isadea & Vessels does not represent the vendor or the buyer in specific transactions.
As a result,
(a) A store on the Site named ‘Affiliate Store’ which may be affiliated to Isadea & Vessels, under this provision; shall be treated as just another vendor on the Site and hence shall be subjected to any other vendor agreement.
(b) Please note that because the manufacturer may change product packaging, place of origin or some accessories without any prior notice, Affiliate Store cannot ensure that the products received by the customer are exactly the same as the store images and attachment instructions. However, Affiliate Store can ensure that it is the original product and it is guaranteed to be consistent with the same mainstream new products on the market at that time. The product information on this site comes from the manufacturer, and its authenticity, accuracy and legality are the responsibilities of the information owner (the manufacturer). Affiliate Store do not provide any guarantee and does not assume any legal responsibility.
(c) All products are subject to availability, and vendors cannot guarantee that items will be in stock. Vendors reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
(d) Isadea & Vessels does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of vendors to complete a sale or the ability of buyers to complete a purchase. Isadea &Vessels does not implicitly or explicitly support or endorse the sale of any item or services on the site. Isadea & Vessels accepts no liability for errors or omission whether on behalf of itself or any of our third parties.
(e) All commercial/contractual terms are offered by and agreed to between Buyers and Vendors. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Isadea & Vessels does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Vendors. All discounts, offers (including exchange offers) are by the Vendor/Brand and not by Isadea & Vessels
(f) Placement of order by a Buyer with Vendor on the Site is an offer to buy the item(s) in the order by the Buyer from the Vendor and it shall not be construed as Vendor's acceptance of Buyer's offer to buy the item(s) ordered. The Vendor retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Vendor shall be fully refunded to the Buyer. Additionally, Vendors, reserve the right to refuse any order. Vendors may, in their sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. Vendors reserve the right to limit or prohibit orders that, in their sole judgment, appear to be placed by dealers, resellers, or distributors.
(g) Isadea & Vessels does not at any point of time during any transaction between Buyer and Vendor on the Site come into or take possession of any of the products or services offered by Vendor nor does it at any point gain title to or have any rights or claims over the items or services offered by the Vendor to the buyer
(h) At no time shall Isadea & Vessels hold any right, title or interest over the products nor shall Isadea & Vessels have any obligations or liabilities in respect of such contract entered into between Buyers and Vendors. Isadea & Vessels is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
(i) Isadea & Vessels is not responsible for any non-performance or breach of any contract entered into between Buyers and Vendors. Isadea & Vessels cannot and does not guarantee that the concerned Buyers and/or Vendors will perform any transaction concluded on the Site. Isadea & Vessels may attempt to resolve a dispute but must not be construed as an obligation
(j) Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Isadea & Vessels uses several techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because verifying users on the Internet is difficult, Isadea & Vessels cannot and does not confirm each User's purported identity. We encourage you to use the various tools available on the Site, as well as good judgment, to evaluate with whom you are dealing.
(k) Each User acknowledges that it is fully assuming the risks of purchase and sale transactions when using the Site to conduct transactions, such risks shall include, but not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents (hereinafter referred as "Transaction Risks"). Each User agrees that Isadea & Vessels shall not be liable or responsible for any damages that may arise as result of or in connection with any Transaction Risks.
(l) Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site, including, without limitation, terms regarding payment, returns, warranties, delivery, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
(m) In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Isadea & Vessels (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
(n) The Site is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Isadea & Vessels is only providing a site for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Vendor and the Buyer.
8.0 CHARGES
Membership on the site is free for users. Isadea & Vessels does not charge any fee for buying and browsing on the site. Isadea & Vessels reserves the right to change its fee policy from time to time. In particular, Isadea & Vessels may at its sole discretion introduce new services or modify all or some of existing services on the platform. In such events, Isadea & Vessels reserves the right to introduce fees for the new services offered or amend and or introduce fees for the existing services as the case may be. Unless otherwise stated, all fees shall be quoted in Ghanaian cedis.
9.0 [RETURN/REFUNDS] POLICY
Isadea is committed to providing a world class shopping experience platform with 100% customer satisfaction! If you not entirely satisfied or totally dissatisfied with your purchase, as a platform, our strict regulations requires Vendors to give you the best assistance. They (Vendors) will be glad to quickly correct the problem.
Please review the platform’s Return & Refund Policy.
10.0 PURCHASES AND PAYMENT
A. We may accept the following forms of payment method on the platform:
I. Visa
II. MasterCard
III. Airtel/Tigo Mobile Money
IV. MTN Mobile Money
V. American Express
VI. Apple Pay
VII. Alipay
B. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
C. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.
D. Items purchased are on pay before delivery and pay on delivery basis.
E. Pay on delivery may be unavailable and you may be asked to provide some information including but not limited to real name authentication for security reasons. As deemed appropriate by the platform, some users may be refused the option to use pay on option.
F. All payments shall be in GHS (Ghanaian Cedis)
11.0 SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement ('EULA'), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided 'AS IS' without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
12.0 PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
(a) Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
(b) Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
(c) Use a buying agent or purchasing agent to make purchases on the Site.
(d) Use the Site to advertise or offer to sell goods and services.
(e) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
(f) Engage in unauthorized framing of or linking to the Site.
(g) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
(h) Make improper use of our support services or submit false reports of abuse or misconduct.
(i) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
(j) Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
(k) Attempt to impersonate another user or person or use the username of another user.
(l) Sell or otherwise transfer your profile.
(m) Use any information obtained from the Site in order to harass, abuse, or harm another person.
(n) Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
(o) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
(p) Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
(q) Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
(r) Delete the copyright or other proprietary rights notice from any Content.
(s) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
(t) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
(u) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
(v) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
(w) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
(x) Use the Site in a manner inconsistent with any applicable laws or regulations.
(y) [Others]
13.0 USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
(b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these ToU.
(c) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these ToU.
(d) Your Contributions are not false, inaccurate, or misleading.
(e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
(f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
(g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
(h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
(i) Your Contributions do not violate any applicable law, regulation, or rule.
(j) Your Contributions do not violate the privacy or publicity rights of any third party.
(k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
(l) Your Contributions do not violate any state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
(m) Your Contributions do not include any offensive comments that are connected to race, ethnic origin, gender, sexual preference, or physical handicap.
(n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these ToU, or any applicable law or regulation.
(o) Any use of the Site in violation of the foregoing violates these ToU and may result in, among other things, termination or suspension of your rights to use the Site.
14.0 CONTRIBUTION LICENSE
(a) By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
(b) This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
(c) We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
(d) You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
(e) We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
(a) You should have firsthand experience with the person/entity being reviewed;
(b) Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(c) Your reviews should not contain discriminatory references based on religion, race, gender, origin, age, marital status, sexual orientation, or disability;
(d) Your reviews should not contain references to illegal activity;
(e) You should not be affiliated with competitors if posting negative reviews;
(f) You should not make any conclusions as to the legality of conduct;
(g) You may not post any false or misleading statements;
(h) You may not organize a campaign encouraging others to post reviews, whether positive or negative.
(i) We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
(j) We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
16.0 MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these ToU.
You shall not:
(a) Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(b) Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(c) Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(d) Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(e) Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(f) Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(g) Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(h) Use the application to send automated queries to any website or to send any unsolicited commercial e-mail,
(i) Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Services: (1) the licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a 'terrorist supporting' country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.
17.0 SOCIAL MEDIA
(a) As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
(b) You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
(c) By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
(d) Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.
(e) You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS
(f) We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.
(g) You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
(a) You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
(b) You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
(c) You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
(a) We may allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.
(b) Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
(c) We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
20.0 SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(a) Monitor the Site for violations of these ToU
(b) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these ToU, including without limitation, reporting such user to law enforcement authorities;
(c) In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(d) In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(e) Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
21.0 COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a 'Notification'). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
(a) (These ToU shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TOU, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TOU OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
(b) If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
(c) In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these ToU; (4) any breach of your representations and warranties set forth in these ToU; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any other harmful act toward any other user of the Site with whom you connected via the Site.
(b) Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
(a) We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
(b) You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
27.0 MODIFICATIONS AND INTERRUPTIONS
ü We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
ü We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
ü We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.
ü You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these ToU will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
28.0 GOVERNING LAW
These ToU and your use of the Site are governed by and construed in accordance with the laws of Ghana applicable to agreements made and to be entirely performed within Ghana without regard to its conflict of law principles.
29.0 CORRECTIONS
There may be information on the Services or Content that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services or Content at any time, without prior notice.
30.0 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
31.0 DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a 'Dispute' and collectively, the 'Disputes') brought by either you or us (individually, a 'Party' and collectively, the 'Parties'), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be three (3). The seat, or legal place, or arbitration shall be Accra, Ghana. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of Ghana.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
(a) These ToU and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between You and Us. Our failure to exercise or enforce any right or provision of these ToU shall not operate as a waiver of such right or provision.
(b) These ToU operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
(c) If any provision or part of a provision of these ToU is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these ToU and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these ToU or use of the Site.
(d) You agree that these ToU will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these ToU and the lack of signing by the parties hereto to execute these ToU.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
ISADEA & VESSELS LTD
P.O. BOX GP, 3597
ACCCRA
PHONE NUMBERS
0201237733 0201237723 0277700261 0277700262
EMAILS
info@isadea.com