Shopbeta & Basket by Shopbeta – Product Listing Policy
You may not post or sell any item that is restricted or prohibited by a federal, state or local law in any country or jurisdiction. Please be aware that the www.Shopbeta.com.gh website (hereinafter the “Shopbeta Website”, (hereinafter “Wholesale Marketplace”)) and
www.. website (the “Basket by Shopbeta Website”) function as a global marketplace; thus the selling or posting of items may be prohibited because of laws outside of the jurisdiction where you reside. Below, we have listed some categories of prohibited or restricted items.
HOWEVER, THIS LIST IS NOT INTENDED TO BE EXHAUSTIVE; YOU, AS THE SELLER, ARE RESPONSIBLE FOR ENSURING THAT YOU ARE NOT POSTING AN ITEM THAT IS PROHIBITED BY LAW IN ANY JURISDICTION.
Unless otherwise indicated and annotated accordingly below, the list of prohibited or restricted items as listed shall be applicable to both the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
For the purposes of this Product Listing Policy, transactions which are supported by the Shopbeta.com.gh Term of Service Agreement shall be “Relevant Online Transactions”.
Last Updated: December 1 2018
1. GENERAL PROHIBITIONS
- Shopbeta.com.gh has chosen to also prohibit the posting of items which may not be restricted or prohibited by law but are nonetheless controversial including:
- Items that encourage illegal activities (e.g. lock pick tools, synthetic urine for cheating drug tests);
- Items that are racially, religiously or ethnically derogatory, or that promote hatred, violence, racial or religious intolerance;
- Giveaways, lotteries, raffles, or contests;
- Stocks, bonds, investment interests, and other securities;
- Pornographic materials or items that are sexual in nature;
- Items that do not offer a physical product or service for sale, such as digital currencies and advertisements solely for the purpose of collecting user information.
- Shopbeta.com.gh, in its sole and exclusive discretion, reserves the right to impose additional restrictions and prohibitions.
- In the event of inconsistency, ambiguity or conflict of the contents of this policy with any other terms of the Shopbeta.com.gh platform, or between the English and other language versions of this policy, the English version and the decision of Shopbeta.com.gh exercised in its absolute discretion shall always prevail.
2. PROHIBITED AND CONTROLLED ITEMS
- ILLICIT DRUGS, PRECURSORS AND DRUG PARAPHERNALIA
- Shopbeta.com.gh expressly forbids any and all listing or sale of narcotics, tranquilizers, psychotropic drugs, natural drugs, synthetic drugs, steroids and other controlled substances (including all drugs listed in Schedules I, II, III, IV or V of the Uniform Controlled Substances Act, 21 U.S.C. 801 et seq.). Such activity can result in your account being delisted.
- The listing or sale of all drug precursor chemicals (such as those listed in the Convention on Psychotropic Substances of 1971) is strictly prohibited.
- Drug paraphernalia, including all items that are primarily intended or designed for use in manufacturing, concealing, or using a controlled substance, are strictly forbidden on the Site. Such items include, but are not limited to those items used for the ingestion of illicit substances, including pipes such as water pipes, carburetor pipes, chamber pipes, ice pipes, bongs etc.
- The listing or sale of packaging materials which may be utilized to contain controlled substances, materials conducive to smuggling, storing, trafficking, transporting and manufacturing illicit drugs (e.g. marijuana grow lights), publications and other media providing information related to the production of illicit drugs.
- FLAMMABLE, EXPLOSIVE AND HAZARDOUS CHEMICALS
- The posting of explosives and related ignition and detonation equipment is strictly prohibited. Such activity can result in your account being delisted.
- Radioactive substances, toxic and poisonous chemicals are forbidden on the Shopbeta.com.gh Website and Basket by Shopbeta Website.
- The posting, offering for sale, or offering for purchase of hazardous or dangerous materials (such as the categories of dangerous goods as defined under the International Maritime Dangerous Goods Code) are forbidden on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- Ozone depleting substances are not permitted to be listed.
- The posting, offering for sale, or offering for purchase of any products containing harmful substances (e.g. items containing asbestos) are forbidden on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- Listing of fireworks, firecrackers and associated products are forbidden on both the Wholesaler Marketplace and Basket by Shopbeta platforms for Relevant Online Transactions. Where the seller is a properly licensed seller of these products in Ghana and commonwealth countries, and exception can be made where the sale will not amount to a Relevant Online Transaction.
- FIREARMS AND AMMUNITIONS
- Any service, instruction, process, or aid for producing any biological, chemical, or nuclear weapons, or other Weapons of Mass Destruction (WMD) or known associated agents is strictly prohibited by international law and accordingly prohibited on the Site. Any violation of this policy will result in the notification of government authorities by Shopbeta.com.gh and your account being delisted.
- The posting of, offering for sale, or offering for purchase of any arms, munitions, military ordnance, weapons (including explosive weapons), and/or any related parts and components (whether integral or otherwise) is strictly prohibited. Such activity can result in your account being delisted.
- Shopbeta.com.gh does not permit the posting, offering for sale, or offering of purchase of replica, “look-alike” or imitation firearms, and/or any related parts and components (whether integral or otherwise). This prohibition covers such products as air guns, BB guns, paintball guns, harpoons, spear guns and other weapons that may discharge a projectile containing any gas, chemical, or explosive substance.
- Shopbeta.com.gh does not permit the posting, offering for sale, or offering of purchase of weapons that can incapacitate or cause serious physical harm to others (e.g. stun guns, batons, crossbows)
- While listing of most knives and other cutting instruments is permitted, switchblade knives, gravity knifes, knuckledusters (bladed or not), bladed handheld devices, and disguised knives are prohibited.
- Shopbeta.com.gh maintains discretion over what items are appropriate and may cause removal of a listing that it deems as a weapon.
4. GOVERNMENT, LAW ENFORCEMENT AND MILITARY ISSUED ITEMS
- The following items are not permitted to be listed:
- Articles of clothing or identification that claim to be, or appear similar to, official government uniforms.
- Law enforcement badges or official law enforcement equipment from any public authority, including badges issued by the government of any country.
- Military decorations, medals and awards, in addition to items with substantially similar designs.
- Police uniforms, police insignia and police vehicles may not be posted unless they are obsolete and in no way resemble current issue police uniforms, police insignia and police vehicles. This fact must be clearly stated within the posting description.
- There are some police items that may be listed on the Shopbeta.com.gh Website, provided they observe the following guidelines:
- Authorized general souvenir items, such as hats, mugs, pins, pens, buttons, cuff links, T-shirts, money clips that do not resemble badges, and paperweights that do not contain badges.
- Badges that are clearly not genuine or official (e.g. toy badges).
- Historical badges that do not resemble modern law enforcement badges, provided that the item description clearly states that the badge is a historical piece at least 75 years old or issued by an organization which no longer exists.
- The following mass-transit related items are not permitted to be listed:
- Any article of clothing or identification related to transportation industries, including but not limited to, commercial airline pilots, flight attendants, airport service personnel, railway personnel, mass-transit security personnel. Vintage clothing related to commercial airlines or other mass-transit may be listed provided that the description clearly states that the item is at least 10 years old, is no longer in use and does not resemble any current uniform.
- Manuals or other materials related to commercial transportation, including safety manuals published by commercial airlines and entities operating subways, trains or buses. Such items may only be listed if the description clearly states that the material is obsolete and no longer in use.
- Any official, internal, classified or non-public documents.
- Listing of police equipment and associated products are forbidden on both the Wholesaler Marketplace and Basket by Shopbeta platforms for Relevant Online Transactions. Where the seller is a properly licensed seller of these products in Ghana and commonwealth countries, and exception can be made where the sale will not amount to a Relevant Online Transaction.
5. MEDICAL DRUGS
- The posting of prescription drugs, psychotropic drugs and narcotics is strictly prohibited.
- The listing or sale of orally administered or ingested sexual enhancement foods and supplements is prohibited.
- Prescription veterinary drugs may not be listed.
- Members may post OTC (over-the-counter) drugs on the Shopbeta.com.gh Website after provision of appropriate production and sales permits to the Website, while transactions of these products are strictly prohibited to be entered into as a Relevant Online Transaction.
6. MEDICAL DEVICES
- Shopbeta.com.gh does not permit the posting of unauthorized medical devices. Members may only post authorized medical devices after provision of appropriate production and sales permits to the Website, while transactions of these products are strictly prohibited to be entered into as a Relevant Online Transaction.
7. ADULT AND OBSCENE MATERIALS
- The posting or sale of pornographic materials is strictly prohibited, as it violates laws in many countries. While pornography is difficult to define, and standards vary from nation to nation, Shopbeta.com.gh will generally follow guidelines accepted in Ghana and commonwealth states.
- Items depicting or suggestive of bestiality, rape sex, incest or sex with graphic violence or degradation, and any items depicting or suggestive of sex involving minors, are strictly prohibited.
- In determining whether listings or information should be removed from the Shopbeta.com.gh Website and the Basket by Shopbeta Website, we consider the overall content of the posting, including images, pictorials, and text.
- While sex toys and related products are permitted to be listed, product descriptions may not include nude or otherwise sexually explicit images.
8. CIRCUMVENTION DEVICES AND OTHER EQUIPMENT USED FOR ILLICIT PURPOSES
- Descramblers and other items that can be used to gain unauthorized access to television programming (such as satellite and cable TV), internet access, telephone, data or other protected, restricted, or premium services are prohibited. Stating the item is for educational or test purposes will not legitimize a product that is otherwise inappropriate. Some examples of items which are not permitted include smart cards and card programmers, descramblers, DSS emulators and hacking software.
- Similarly, information on “how to” descramble or gain access to cable or satellite television programming or other services without authorization or payment is prohibited. Shopbeta.com.gh’s policy is to prohibit any encouragement of this type of activity.
- Devices designed to intentionally block, jam or interfere with authorized radio communications, such as cellular and personal communication services, police radar, global positioning systems (GPS) and wireless networking services (Wi-Fi) are prohibited.
- The listing or sale of spy equipment and devices used for interception of wire, oral and electronic communications is not permitted on the Site.
- Hidden photographic devices are permitted on the Shopbeta.com.gh Website, unless used for sexual or illicit purposes.
- Bank card readers and “skimmers” are prohibited from being listed.
- Any and all unauthorized circumvention devices not included in the above are also strictly prohibited.
9. ILLEGAL SERVICES
- Listings claiming to provide government services and related products are strictly prohibited. Examples include:
- Official government-issued identification documents, such as birth certificates, driving licenses, passports and visas;
- Completed applications for the above-mentioned documents
- Any materials, equipment or processes designed for use in the production of government-issued identification documents (e.g. driving license holograms, passport booklets).
- The offering for sale or purchase of textile quota is prohibited on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- The listing or sale of any form of invoices or receipts (including blank, pre-filled, or value-added invoices or receipts), is strictly prohibited on the Site.
- Shopbeta.com.gh prohibits listings that offer financial services, including money transfers, issuing bank guarantees and letters of credit, loans, fundraising and funding for person investment purposes, etc.
- Shopbeta.com.gh prohibits listings for the sole purpose of collecting user information or raising money.
- Listings that offer medical or healthcare services, including services for medical treatment, rehabilitation, vaccination, health checks, psychological counselling, dietetics, plastic surgery and massage are prohibited.
- The posting or sale of bulk email or mailing lists that contain personally identifiable information including names, addresses, phone numbers, fax numbers and email addresses, is strictly prohibited. Also prohibited are software or other tools which are designed or used to send unsolicited commercial email (i.e. “spam”).
- Job postings from which a factory/company/institute may directly recruit employees are prohibited on the Site.
- Shopbeta.com.gh is an online business to business information platform; personal and non-business information is prohibited.
- Non-transferable items may not be posted or sold through the Shopbeta.com.gh Website and the Basket by Shopbeta Website. Many items including lottery tickets, airline tickets and some event tickets may not be resold or transferred.
10. COLLECTIONS, ARTIFACTS, PRECIOUS METALS AND GAME TROPHIES
- Shopbeta.com.gh strictly forbids the sale and purchase of currency, coins, banknotes, stocks, bonds, money orders, credit and debit cards, investment interest, currency in digital or any intangible form (e.g. crypto-currency), as well as the equipment and materials used to produce such items.
- Counterfeits of the identified articles in 10.1, legal tender and stamps are strictly prohibited.
- Reproductions or replicas of coins as collectible items must be clearly marked with the word “COPY”, “REPRODUCTION” or “REPLICA” and comply with all relevant local laws.
- Listings that offer the sale or buying of gold, silver and other precious metals (not including jewellery) are prohibited.
- Rough diamonds and “conflict minerals” originating from non-compliant countries may not be listed.
- Artefacts, cultural relics, historical grave markers, and related items are protected under the laws of Ghana, the United States, and other jurisdictions; and may not be posted or sold through the Shopbeta.com.gh Website.
- com and Basket by Shopbeta strictly forbids the sale and purchase of game trophies of any kind or the sale of game meat, or items directly obtained from game.
11. HUMAN PARTS, HUMAN REMAINS AND PROTECTED FLORA AND FAUNA
- Shopbeta.com.gh prohibits the listing of human body parts and remains. Examples of such prohibited items include, but are not limited to: organs, bones, blood, sperm, and eggs. Items made of human hair, such as wigs for commercial uses, are permitted.
- The listing or sale of any species (including any animal parts such as pelts, skins, internal organs, teeth, claws, shells, bones, tusks, ivory，logs, roots and other parts) protected by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) or any other local law or regulation is strictly forbidden on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- The listing or sale of products made with any part of and/or containing any ingredient derived from sharks or marine mammals is prohibited on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- The listing or sale of products made from cats, dogs and bears, as well as any processing equipment, is prohibited on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- The listing or sale of poultry, livestock and pets for commercial purposes is permitted on the Shopbeta.com.gh Website. For the avoidance of doubt, live animals are prohibited from being listed on the Wholesaler Marketplace and Basket by Shopbeta Website platforms.
12. OFFENSIVE MATERIAL AND INFORMATION DETRIMENTAL TO NATIONAL SECURITY
- Any and all publications and other media containing state secrets or information detrimental to national security or public order are prohibited. Such activity can result in your account being delisted.
- Any information supporting or advocating infringement of national sovereignty, terrorist organizations or discrimination on grounds of race, sex, or religion is strictly prohibited on the Shopbeta.com.gh Website and the Basket by Shopbeta Website. Such activity can result in your account being delisted.
- Postings that are ethnically or racially offensive are prohibited on the Site. Sellers and purchasers must ensure that any wording used portrays appropriate sensitivity to those who might read it in their postings, and when they are offering or purchasing potentially offensive items or services.
- Occasionally, if materials are of historical value or integral to the item (such as a book title), members may use offensive words and phrases such as “NIGGER” in the subject and description of a posting. Shopbeta.com.gh reserves the sole discretion to decide the removal of such items and encourages all members to treat others as they themselves would like to be treated.
- Materials advocating, promoting or otherwise supporting fascism, Nazism and other extreme ideologies are strictly prohibited.
13. TOBACCO PRODUCTS
- The posting of tobacco products, including but not limited to cigars, cigarettes, cigarette tobacco, pipe tobacco, hookah tobacco, chewing tobacco and tobacco leaf is prohibited.
- The posting of electronic cigarettes and accessories is permitted, however nicotine and other liquids (e-liquids) for use in electronic cigarettes is forbidden.
- Members located in Ghana and other commonwealth countries may only list equipment used for tobacco processing and production of tobacco products after provision of appropriate production and sales permits to the Website.
14. GAMBLING EQUIPMENT
The listing or sale of equipment specifically used for gambling is prohibited. Products which have other legitimate uses (such as dice and playing cards) will generally be permitted.
15. SANCTIONED AND PROHIBITED ITEMS
- Products prohibited by laws, regulations, sanctions and trade restrictions in any relevant country or jurisdiction worldwide are strictly forbidden on Shopbeta.com.gh.
- The listing or sale of petroleum, petroleum products and petrochemical products originating in the Islamic Republic of Iran is strictly forbidden.
- The listing or sale of coal, iron, iron ore, gold, titanium ore, vanadium ore and rare earth minerals originating in the Democratic People’s Republic of Korea is strictly forbidden.
- The listing or sale of crude oil by sellers and buyers located in Ghana is prohibited.
16. OTHER LISTING PROHIBITIONS
- The posting of any products containing harmful substances (e.g. toys containing lead paint) is forbidden on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- Automotive airbags are expressly forbidden on the Shopbeta.com.gh Website and the Basket by Shopbeta Website due to containing explosive materials.
- Refurbished products: The sale and purchase of refurbished mobile phones, laptops and computers is controlled on the Shopbeta.com.gh and Basket by Shopbeta Website. Incidences of items with a high failure rate as may solely be determined by Shopbeta.com.gh will lead to termination of your account immediately with no option recourse or intervention.
- Used products
- Used undergarments may not be listed or sold on the Site. Other used clothing may be listed, so long as the clothing has been thoroughly cleaned. Postings that contain inappropriate or extraneous descriptions will be removed.
- The listing or sale of used cosmetics is prohibited on the Shopbeta.com.gh Website and the Basket by Shopbeta Website.
- Contracts and tickets
- You are responsible for ensuring that your transaction is lawful and not in violation of any contractual obligation. Before posting an item on the Site, you should carefully read any contracts that you have entered into that might limit your right to sell your item on the Site. Some items, such as airline tickets, have terms printed on the item that may limit your ability to sell that item. In other cases, such as when you are distributing a company’s products, you may have signed a separate contract restricting your ability to market the product.
- Shopbeta.com.gh does not search for items that may raise these types of issues, nor can it review copies of private contracts, or adjudicate or take sides in private contract disputes. However, we want you to be aware that posting items in violation of your contractual obligations could put you at risk with third parties. Shopbeta.com.gh therefore urges that you not list any item until you have reviewed any relevant contracts or agreements and are confident you can legally sell it on the Site.
- If you have any questions regarding your rights under a contract or agreement, we strongly recommend that you contact the company with whom you entered into the contract and/or consult with an attorney.
- Event ticket resale policy
- com allows the listing of tickets to performance, sporting and entertainment events to the extent permitted by law. However, as a ticket seller, you are responsible for ensuring that your particular transaction does not violate any applicable law or the terms on the ticket itself.
- Real estate
- A real estate posting allows buyers to contact the seller to get more information and express interest about the property listed. Before you post a listing relating to sale or purchase of real estate, you must ensure that you have complied with all applicable laws and regulations
- Stolen property
- The posting or sale of stolen property is strictly forbidden on the Site and violates international law. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
- com supports and cooperates with law enforcement efforts involving the recovery of stolen property and the prosecution of responsible individuals. If you are concerned that the images and/or text in your item description have been used by another Site user without your authorization, or that your intellectual property rights have been violated by such user, please contact our service team at service (@) Shopbeta.com.gh
- Event ticket resale policy
17. INTELLECTUAL PROPERTY RIGHTS (IPR) PROTECTION POLICY
- FACES, NAMES AND SIGNATURES Items containing the likeness, image, name, or signature of another person are prohibited, unless the products were made or authorized by the person whose likeness, image, name or signature has been used.
- REPLICA AND COUNTERFEIT ITEMS
- Listing of counterfeits, non-licensed replicas, or unauthorized items, such as counterfeit designer garments, watches, handbags, sunglasses, or other accessories, is strictly prohibited on the Site.
- If the products sold bear the name or logo of a company but did not originate from or were not endorsed by that company, such products are prohibited from the Site.
- Postings of branded products are permitted if a certificate of authorization has been issued by the brand owner.
- Postings offering to sell, or purchase replicas, counterfeits or other unauthorized items shall be subject to removal by Shopbeta.com.gh. Repeated postings of counterfeit or unauthorized items shall result in the immediate suspension of your membership.
- Academic Software
- Academic software is software sold at discounted prices to students, teachers, and employees of accredited learning institutions.
- On the Site, please do not list any academic software unless you are so authorized. Postings violating Shopbeta.com.gh’s academic software policy may be deleted prior to publication.
- For postings of academic software on behalf of an authorized educational reseller or an educational institution, such licensure must be stated conspicuously in the listings. A certificate of authorization issued by the authorized educational reseller (or the educational institution) must also be provided to Shopbeta.com.gh.
- OEM Software
- Do not list “OEM” or “bundled” copies of software on the Shopbeta.com.gh Website and the Basket by Shopbeta Website unless you are selling it with computer hardware. Original Equipment Manufacturer (OEM), or bundled software, is software that is obtained as part of the purchase of a new computer. OEM software licenses usually prohibit the purchaser from reselling the software without the computer or, in some cases, without any computer hardware.
- UNAUTHORIZED COPIES OF INTELLECTUAL PROPERTYThe listing or sale of unauthorized (pirated, duplicated, backup, bootleg, etc.) copies of software programs, video games, music albums, movies, television programs, photographs or other protected works is forbidden on the Site.
1. Application and Acceptance of the Terms
- You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ., or (b) you are not permitted to receive any Services under the laws of Ghana or other countries / regions including the country / region in which you are resident or from which you use the Services.
- may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.
- If . has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.
- You may be required to enter into a separate agreement, whether online or offline, with . or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
- The Terms may not otherwise be modified except in writing by an authorized officer of .
2. Provision of Services
- The . contracting entity that you are contracting with is . if you are a registered member of the Sites. As some or part of the Services may be supported and provided by affiliates of ., . may delegate some of the Services to its affiliates, who you agree may invoice you for their part of the Services.
- You must register as a member on the Sites in order to access and use some Services. Further, . reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that . may impose in our discretion.
- Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. . may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
- may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
- Some Services may be provided by .’s affiliates on behalf of .
3. Users Generally
- As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services.
- You agree to use the Sites or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Sites (the “Site Content”), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with ., or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from . is prohibited. Use of any content or materials on the Sites for any purpose not expressly permitted in the Terms is prohibited.
- may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that . has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
- You agree not to undertake any action to undermine the integrity of the computer systems or networks of . and/or any other User nor to gain unauthorized access to such computer systems or networks.
- You agree not to undertake any action which may undermine the integrity of .’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
- posting or displaying any information, content or material (“User Content”) on the Sites or providing any User Content to . or our representative(s), and to the extent permitted under applicable laws, you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to . to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Sites, the provision of any Services and/or the business of the User. You confirm and warrant to . that you have all the rights, power and authority necessary to grant the above license. Information that is protected under data protection laws will only be used and kept in compliance with those laws.
4. Member Accounts
- User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Member” below). Except with .’s approval, one User may only register one-member account on the Sites. . may cancel or terminate a User’s member account if . has reasons to suspect that the User has concurrently registered or controlled two or more-member accounts. Further, . may reject User’s application for registration for any reason.
- registration on the Sites, . shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
- A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify . immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
- Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
- Member acknowledges that sharing of your account with other persons or allowing multiple users outside of your business entity to use your account (collectively, “multiple use”), may cause irreparable harm to . or other Users of the Sites. Member shall indemnify ., our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or Member’s failure to maintain the security of your account, . shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to Member.
5. Member’s Responsibilities
- Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Sites and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
- Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites or your use of any Service or the member account. Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
- Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
- Each Member further represents, warrants and agrees that the User Content that you submit, post or display shall:
- be true, accurate, complete and lawful;
- not be false, misleading or deceptive;
- not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
- not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
- not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
- not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms
- Each Member further represents, warrants and agrees that you shall/are:
- carry on your activities on the Sites in compliance with any applicable laws and regulations;
- conduct your business transactions with other users of the Sites in good faith;
- carry on your activities in accordance with the Terms and any applicable Additional Agreements;
- not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
- not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
- not engage in spamming or phishing;
- not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
- not involve attempts to copy, reproduce, exploit or expropriate .’s various proprietary directories, databases and listings;
- not involve 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;
- not involve any scheme to undermine the integrity of the data, systems or networks used by . and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
- not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
- not engage in any activities that would otherwise create any liability for . or our affiliates
- Member may not use the Services and member account to engage in activities which are identical or similar to .’s e-commerce marketplace business.
- If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to (a) act as your business referee; (b) post and publish their contact details and information, reference letters and comments on their behalf; and (c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.
- Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for .’s provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, . shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
- Member acknowledges and agrees that . shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. . does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
- Member acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
- Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.
6. Breaches by Members
- . reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject . or our affiliates to liability, or is otherwise found inappropriate in .’s opinion.
- If any Member breaches any Terms, or if . has reasonable grounds to believe that a Member is in breach of any Terms, . shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by . in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as . may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as . may deem necessary or appropriate in its sole discretion.
- Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:
- upon complaint or claim from any third party, . has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
- . has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counter party,
- . has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or
- believes that the Member’s actions may cause financial loss or legal liability to . or our affiliates or any other Users.
- . reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, . may disclose the Member’s identity, contact information and/or information regarding the Member’s account(s), transactions or activities carried out on or via the Site, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. . shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against . for such disclosure.
- . may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member’s use of any Service or the Sites without being liable to the Member if . has received notice that the Member is in breach of any agreement or undertaking with any affiliate of . and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. . shall not be required to investigate such breach or request confirmation from the Member.
- Each Member agrees to indemnify ., our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Sites or Services, or from your breach of the Terms.
- Each Member further agrees that . is not responsible and shall have no liability to you or anyone else for any User Content or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. . reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with . in asserting any available defenses.
7. Transactions Between Buyers and Sellers
- Through the Sites, . provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. . additionally provides electronic web-based transaction platforms for Members to place, accept, pay, conclude, manage and fulfill orders for the provision of products and services online within the Sites subject to the terms of the Transaction Services Agreement. However, for any Services, . does not represent either the seller or the buyer in specific transactions. . 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 Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- Users are hereby made aware that there may be risks of dealing with people acting under false pretences. . uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, . cannot and does not confirm each User’s purported identity (including, without limitation, paying Members). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
- Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Sites or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Sites. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that . shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
- 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 Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
- User agrees to provide all information and materials as may be reasonably required by . in connection with your transactions conducted on, through or as a result of use of the Sites or Services. . has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
- In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify . (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.
8. Limitation of Liability
- To The Maximum Extent Permitted By Law, The Services Provided By . On Or Through The Sites Are Provided “as Is”, “as Available” And “with All Faults”, And . Hereby Expressly Disclaims Any And All Warranties, Express Or Implied, Including But Not Limited To, Any Warranties Of Condition, Quality, Durability, Performance, Accuracy, Reliability, Merchantability Or Fitness For A Particular Purpose. All Such Warranties, Representations, Conditions, And Undertakings Are Hereby Excluded.
- Any material downloaded or otherwise obtained through the Sites is done at each User’s sole discretion and risk and each User is solely responsible for any damage to .’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from . or through or from the Sites shall create any warranty not expressly stated herein.
- The Sites may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall . and our affiliates be held liable for any such services or products.
- Each User hereby agrees to indemnify and save ., our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Sites or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save ., our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to ., including but not limited to those set forth in Section 5 hereunder.
- Each User hereby further agrees to indemnify and save ., our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that . is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. . reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with . in asserting any available defenses.
- . shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:
- the use or the inability to use the Sites or Services;
- any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
- violation of Third Party Rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
- unauthorized access by third parties to data or private information of any User;
- statements or conduct of any User of the Sites; or;
- any matters relating to Services however arising, including negligence.
- Notwithstanding any of the foregoing provisions, the aggregate liability of ., our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Sites or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to . or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Sites or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.
- The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not . has been advised of or should have been aware of the possibility of any such losses arising.
9. Force Majeure
- Under no circumstances shall . be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
- . is the sole owner or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with ., our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by . are hereby reserved.
- “SHOPBETA”, “PAYTREE”, “MEGAPARTS”, “BASKET BY SHOPBETA”, “BOOK BY SHOPBETA” and related icons and logos are registered trademarks or trademarks or service marks of Paytree Group Limited, and “SHOPPER SAFEGUARD” and related icons and logos are registered trademarks or trademarks or service marks of . Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- . may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.
- All legal notices or demands to or upon . shall be made in writing and sent to . personally, by courier, certified mail, or facsimile to the following entity and address as shown below. The notices shall be effective when they are received by . in any of the above-mentioned manner.
- All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to ., or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
- . is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
- immediately upon . posting such notice on an area of the Sites that is publicly accessible without charge.
- You agree that all agreements, notices, demands, disclosures and other communications that . sends to you electronically satisfy the legal requirement that such communication should be in writing.
12. General Provisions
- Subject to any Additional Agreements, the Terms constitute the entire agreement between you and . with respect to and govern your use of the Sites and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- . and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- .’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of .’s right to act with respect to subsequent or similar breaches.
- shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of .). You may not assign, in whole or part, the Terms to any person or entity.
- The Terms shall be governed by the laws of the Republic of Ghana without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Ghana.
- If you have any comments on the Services we provide to you, you may contact our customer service support at support(@). or services(@)Shopbeta.com.gh with any such feedback or questions.