TERMS & CONDITIONS
Last modified: [1] February 2022
These terms and conditions of use (“Terms of Use”) are a binding legal agreement between you (“You” or “Your”) as a user of the Shea Market website (www.sheamarket.org) (the “Website”) which is operated by the Global Shea Alliance(Registration number: CG056382017) (“GSA”, “We”, “Us”, and “Our”). Your access to and use of this Website will be deemed as acceptance by You of these Terms of Use. If You do not agree to these Terms of Use, You must not use Our Website.
These Terms of Use apply in addition to, and should be read in conjunction with the following: (i) Our Privacy Policy; and (ii) Our Cookies Policy.
We reserve the right to update these Terms of Use at any time and to improve, modify or offer any new services and any (related) information on the Website and/or in order to comply with legal and regulatory provisions without prior notice. We reserve the right to interrupt or discontinue operation of the Website without prior notice.
ACCEPTABLE USE
If You are a business user, You will need to register prior to being able to post content on the Website by creating an account. The ability to create an account on the Website is reserved for GSA members only. If you are not a GSA member, any registration attempts will not be approved. In such cases, access to the Website will be linked to Your professional occupation as an employee or as a representative of the company whose products feature on Our Website. You will provide GSA with true and correct (contact) information and You will keep this information, as well as the information in relation to Your/Your company’s products featured on Our Website, up to date, to ensure that GSA always has correct information in connection with Your account and products. GSA has the right to block access after receipt of a notification regarding changes to Your professional occupation from Your employer or principal.
GSA may block Your access rights or withdraw Your access rights at any moment without prior notice at its own discretion. If You are a consumer user, GSA reserves the right to withdraw access rights at any moment where there is a justified reason e.g., if You violate current laws or applicable contractual provisions, including these Terms of Use, and/or policies, accessible on Our Website.
You are responsible for all activities that occur related to Your account including for the information You provide to Us in relation to the products; You should take the necessary measures to prevent abuse or misuse and You cannot take any action that may jeopardize the security or otherwise negatively impact the Website (e.g., introduce malicious software). If You suspect that Your account may have been compromised, You should notify GSA immediately and terminate Youraccount. After termination of Your account, You will discontinue immediately all use of the Website.
All information, materials, data and electronic files of any kind whatsoever contained and posted on this Website or information related to the Website sent by GSA to You via electronic communications (“GSA Content”) are provided by GSA for informational purposes only unless otherwise specified and where permitted by law.
If applicable, You are able to upload, store, submit information/electronic files in the Website, such as Your/Yourcompany’s products You want to see featured on the Website (“User Content”).
GSA reserves the right to edit or remove any User Content that is uploaded in the Website, either stored on servers or that is hosted or published in the Website.
To the extent permitted by applicable legislation, GSA disclaims all liability for any loss of or any damage to the User Content (in full or partly) or for any loss or damage caused by the User Content to third parties such as buyers and (other) sellers.
If You wish to complain about content uploaded by other users, please contact Us using the Contact Us details below.
Acceptable Use
When using the Website, You will refrain from any act that might be considered as improper, harmful or illegitimate. Youwill not upload any information in the Website that is unlawful, harmful or illegal, that infringes upon any third party's legal rights and/or that can give rise to legal actions against You, against GSA or against any third party (in each case under any applicable law).
THIS PLATFORM AND OTHER BUSINESSES
GSA is a non-profit organization and does not itself sell or offer or products via this Website. GSA offers third parties, other than GSA, the opportunity to offer products through this Website. This means that We provide a short product description and either: (i) links to the sites of these affiliated sellers and certain other businesses on the Website for informational purposes; or (ii) alternative contact information for affiliated sellers without online sites. When doing so, GSA relies on the information such third parties provide to GSA and therefore cannot guarantee and disclaims all liability for the accuracy of such information or the legitimacy of the products or contents sold by such third party.
If You purchase any of the products or services offered by these businesses or individuals, You are purchasing directly from those third parties, not from GSA. We are not responsible for examining or evaluating, and We do not warrant, the offerings of any of these businesses or individuals (including the content of their websites). We do not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. This means that, if You are unsatisfied with a product, You should contact the third party seller directly and not GSA.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified in these Terms of Use or agreed upon in writing, Your use of the Website shall not be construed as granting any commercial license or right to You to use the GSA Content on this Website, including GSAcopyright, trademarks, logos and product names appearing on the Website that belong to GSA or to other rights holders (collectively, “Trademarks”). Use of Trademarks without written authorization from the owner is prohibited.
The Website and any GSA Content, including but not limited to text, photographs, images, software, music, audio video clips and any other copyright protected material belongs to GSA. Duplication, public transmission, distribution, modification, or deletion of GSA Content without the authorization of GSA is prohibited under copyright law except for specific use that is permitted under the applicable copyright legislation.
Subject to Your compliance with these Terms of Use and any other GSA terms that apply, and Your payment of any applicable fees, GSA grants You a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Our services and the Website.
WARRANTY DISCLAIMER
YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. GSA MAKES NO REPRESENTATIONS AND DISCLAIMS ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WARRANTS GSA THAT THE WEBSITE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, GSA MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY WEBSITES, GOODS OR SERVICES, FOR USER CONTENT OR DEVICES, FOR GSA CONTENT AND GSA IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS INCLUDING SELLERS AND BUYERS.
NO ADVICE OR INFORMATION OBTAINED BY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY ON BEHALF OF GSA.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. YOU AGREE THAT GSA HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY WEBSITES OR THE CONTENT THEREOF MADE AVAILABLE AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO GSA, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY GOODS OR SERVICES, WEBSITE OR THE CONTENT THEREOF, IS TO STOP USING ANY SUCH THIRD PARTY WEBSITE.
IN NO EVENT WILL GSA, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES ; (2) ANY: (A) LOSS OF USE; (B) LOSS OF USER CONTENT; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR (E) DAMAGE TO DEVICES, (F) DAMAGES IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, DEVICES, THIRD PARTY WEBSITES, THIRD PARTY GOODS OR SERVICES, GSA CONTENT OR THIRD PARTY INCLUDING USER CONTENT; (3) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM ANY AGREEMENT WITH GSA CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND GSA’S REASONABLE CONTROL.
Nothing in the Terms of Use limits GSA’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
Furthermore, if You are a consumer this provision (Limitation of Liability) may not affect the mandatory regulations of Your country of residence, when these prohibit in full or in part the limitations of liability indicated above. In the event that these provisions are applicable, the limitations of liability indicated above will have no effect and further rights may be recognized to You as a consumer.
LINKING
Third Party Websites
This Website may contain links to third-party websites over which GSA has no control. GSA makes no representation whatsoever about any third-party website which You may have access to through this Website. The inclusion of such links does not imply that GSA endorses or accepts any responsibility for the content or any such use of such third-party websites.
When accessing third-party websites from this Website, You do so at Your own risk and in accordance with the terms and conditions and privacy policy of the third-party website. GSA is not responsible for the accuracy, timeliness, reliability, adequacy, sequence or completeness of any information, data, opinions, advice or statements made on these websites or for the quality of any products or services available on such websites.
This Website
You may link to this Website on the condition that it is clearly mentioned that the visitor will be redirected to this Websitewhen using the link. The link may not be misleading and may not create the impression that this Website or parts of it are part of another website. For example, framing, deep linking or inline linking to the Website is not allowed without the prior written permission of GSA. [You can apply for permission using the contact details below.]
Except in the case of prior written approval by GSA, no links to this Website may appear on any page of Your website.
DATA PROTECTION
We process Your personal data in accordance with Our Privacy Policy. Before using the Website, You are advised to consult Our Privacy Policy which explains how Your personal data is processed when using the Website.
COOKIES
This Website uses cookies or similar tools to improve its performance and enhance Your user experience. We will request Your consent before using them if required in accordance with applicable law. To find out more about cookies or how to change Your settings, please see Our Cookies Policy.
GENERAL TERMS
These Terms of Use are personal to You and You shall not assign or transfer any of Your rights or entitlements under these Terms of Use to any third party without Our prior written consent.
We may terminate the Website, for any or no reason, at any time with or without notice and without any liability for Us.
We may terminate these Terms of Use if: (a) You have breached any material provisions of these Terms of Use (or acted in a manner which clearly shows that You do not intend to, or are unable to comply with the provisions of these Terms of Use); or (b) We are required to do so by law.
The invalidity of any paragraph, subparagraph or portion of the Terms of Use shall not affect the validity of any other paragraph, subparagraph or portion hereof and such invalid paragraph, subparagraph or portion thereof shall be reformed to achieve the intended spirit and intent of such provision between the parties.
GOVERNING LAW AND VENUE
These Terms of Use, its subject matter and formation shall be governed by the laws of Ghana and You agree that any dispute between You and Us regarding them or the Website will only be dealt with by competent courts in Ghana, provided that, if You are a consumer and not a business user and do not live in Ghana, the applicable laws of the country in which You live may govern and any dispute may only be dealt with by the courts there. Nothing shall prevent Us from bringing proceedings to protect Our intellectual property rights before any competent court.
CONTACT INFORMATION
For questions, comments or feedback please contact Us: info@globalshea.com.
By Post:
Global Shea Alliance Secretariat,
PMB 35A,
Osu, Accra