KUUZAY Terms and Services (“Terms)

Last updated: March 2021

INTRODUCTION

Please read and understand these Terms and conditions carefully before using the http://www.kuuzay.com (change this) website and the kuuzay mobile application (the "Service") operated by kuuzay Technology ("us", "we", or "our").

Kuuzay technology (“kuuzay” or “we”) operates an e-commerce platform, classified platform and a directory platform consisting of a website and mobile application (“marketplace”), together with supporting logistics and payment infrastructure, for the sale and purchase of consumer products in Ghana (“territory”).

These general terms and conditions shall apply to business owners, buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. 

The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. 

Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

REGISTRATION

You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

You may register for an account with our marketplace by completing and submitting the registration form on our online marketplace. 

If you register for an account with our marketplace, you will be asked to provide an email address/user ID, phone number and password and you agree to:

keep your password confidential;

notify us in writing immediately if you become aware of any disclosure of your password; and

Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.

The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

You represent and warrant that all information provided in the registration form is complete and accurate.

Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

You may cancel your account on our marketplace by contacting us via: contact@kuuzay.com

DATA

Buyers agree to processing of their personal data in accordance with the terms of kuuzay Privacy and Cookie Notice.

Kuuzay shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.

The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Sellers shall be directly responsible to buyers for any misuse of their personal data and kuuzay shall bear no liability to buyers in respect of any misuse by sellers of their personal data.

ORDER AND PRICING

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Kuuzay has the right to adjust its delivery prices at any point in time without prior notice to you. All prices displayed on the platform are in Ghana Cedis (Ghc). 

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

RULES ABOUT YOUR CONTENT

"Your content" means:

All works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our marketplace for storage or publication, processing by, or onward transmission; and 

all communications on the marketplace, including product reviews, feedback and comments.

Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not: 

be offensive

 obscene

 Indecent

pornographic, 

lewd, 

suggestive or

 sexually explicit;

depict violence in an explicit, graphic or gratuitous manner; or

be blasphemous, in breach of racial or religious hatred or discrimination legislation;

be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;

cause annoyance, inconvenience or needless anxiety to any person; or

Constitute spam.

Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:

any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;

any right of confidence, right of privacy or right under data protection legislation;

any contractual obligation owed to any person; or

Any court order.

You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

You must not interfere with a transaction by: 

contacting another user to buy or sell an item listed on the marketplace outside of the marketplace; or 

 communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or 

Contacting another user with the intent to collect any payments.

You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media. 

We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.

If you learn of any unlawful material or activity on our marketplace, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us via: contact@kuuzay.com

RETURNS AND REFUNDS

You have 7 calendar days or a week to return an item from the date you received it.

Items returned after 7 days but before 14 days in the aforementioned condition, would be accepted subject to a 25% restocking fee (see return policy via marketplace).

Returned products shall be accepted and refunds issued by kuuzay, for and on behalf of the seller.

Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website

USE OF WEBSITE AND MOBILE APPLICATIONS

You may:

1.  View pages from our website in a web browser;

2.  Download pages from our website for caching in a web browser;

You may only use our website for your own personal and business purposes in respect of selling or purchasing products on the marketplace.

Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

republish material from our website (including republication on another website);

sell, rent or sub-license material from our website;

show any material from our website in public;

exploit material from our website for a commercial purpose; or

Redistribute material from our website.

We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

You must not:

use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

hack or otherwise tamper with our website;

probe, scan or test the vulnerability of our website without our permission;

circumvent any authentication or security systems or processes on or relating to our website;

use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

decrypt or decipher any communications sent by or to our website without our permission;

conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

use our website except by means of our public interfaces;

violate the directives set out in the robots.txt file for our website;

use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

Do anything that interferes with the normal use of our website.

COPYRIGHT AND TRADEMARK POLICY

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. 

Kuuzay logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

Kuuzay respects proprietary right s of others and shall respond to such notices of infringement to terminate its usage. If any content made available on the platform constitutes an infringement of copyright you may send a written notice to kuuzay. The content of the mail should capture such information on the details of the content with respect to ownership, source, location, contact information, payment receipts, in effect all that authenticate you as the owner of the content.  Contact kuuzay immediately to resolve this issue

LAW AND JURISDICTION

These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.

Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory.

COMMUNICATIONS

SMS

The messages may come in the form of marketing, promotional and operational messages. As far as you have consented to signup on the kuuzay platform you agree to receive these text messages. If you change or deactivate the initial phone number you used at signing up on kuuzay, you ensure to update your account detail to help avert communication with the wrong recipient. Standard data and SMS rates may apply when you send or receive such messages. Please contact your network provider.

Push Notification

You agree to receive push notifications on your Mobile device when you signup on kuuzay.

Email

Kuuzay may send promotional emails, operational emails, and other offers as well as emails of its affiliates. You can unsubscribe when you decide to.

Electronic Invoice

Kuuzay will send an electronic invoice of all orders you place on kuuzay to your email you provided when signing up.

THIRD-PARTY CONTENT

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

Kuuzay may display content, advertisement, offers from Third parties via the platform. Kuuzay does not control or endorse third-party content and does not provide any warranty of such content regarding its authenticity, accuracy or completeness. You agree that you access and interact with third party content on our website, Mobil App, Social media platforms at your own risk particularly because kuuzay does not monitor such materials and interaction.

TERMINATION

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. 

If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any kuuzay codes, policies or guidelines in any way we may:

temporarily suspend your access to our marketplace;

permanently prohibit you from accessing our marketplace;

block computers using your IP address from accessing our marketplace;

contact any or all of your internet service providers and request that they block your access to our marketplace;

suspend or delete your account on our marketplace; and/or

Commence legal action against you, whether for breach of contract or otherwise.

Where we suspend, prohibit or block your access to our marketplace or a part of our marketplace you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of kuuzay.com in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

OUR COMPANY

The marketplace is operated by kuuzay Technology. We are registered in Ghana; our registered office is at The Achimota mile 7, 1st avenue, house no ANT/29, Accra Ghana. You can contact us by using our marketplace contact form.