TERMS OF USE

  • ACCEPTANCE OF THE TERMS
      • These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between Domol Market
  • Your access and use of the Domol Market website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”), are governed by these Terms.
  • If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.
  • Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

  • IMPORTANT DISCLAIMERS

    • The administrator provides all services “as is,” “as available,” and with all faults. The administrator explicitly disclaims all warranties, both expressed and implied, including any warranties of condition, quality, durability, performance, accuracy, reliability, market value, or fitness for a particular purpose. All such warranties are expressly disclaimed, and all liabilities are excluded.
    • The administrator does not control and cannot guarantee the existence, quality, safety, or legality of items and services advertised by users on the platform; the reliability or accuracy of user-provided information in listings; the sellers’ ability to sell items or provide services; the buyers’ ability to pay for items or services; or that a transaction will be completed. The administrator also does not guarantee that the manufacturing, import, export, offering, display, purchase, sale, advertising, and/or use of products or services advertised on the platform do not violate any third-party rights. Consequently, the administrator explicitly disclaims any liability related to materials and information posted by users on the platform.
    • It is advisable to inspect the goods before payment and to ask the seller for documents that verify the goods’ compliance with the relevant laws, regulations, rules, guidelines, and standards.
    • You acknowledge that you are solely responsible for your safety and understand that you should only meet with others for transactions in safe, public places during daylight hours. You are solely responsible for conducting due diligence on any individual or organization requesting a meeting for a job interview or to complete a transaction. The administrator disclaims any responsibility for your interactions with any individual or organization.

  • ACCOUNT REGISTRATION

  • To access specific features of the Service, you may be required to create an account on the Platform (“Account”) and submit certain personal details as requested by the registration form.
  • You can create an account either as an individual or as an authorized representative of a company.
  • Each individual is allowed to register only one account. If multiple people access the account from the same device, we may require proof of identity to prevent the creation of duplicate accounts.
  • You recognize that it is your exclusive responsibility to protect and keep confidential the access details of your Account, and you are entirely accountable for all activities conducted under your Account’s access details.
  • By using this Service, you affirm that you have reached the age of majority or are under the supervision of a parent or legal guardian. Minors, typically under 18, must obtain permission and be supervised by their parent or guardian to use this Service. If you are a minor, ensure your parent or guardian has reviewed and agreed to these Terms before you use the Service.
  • We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, if you breach these Terms.
  • You must promptly inform us of any unauthorized or suspected unauthorized use of your Account, or any other security breach. We are not responsible for any loss or damage resulting from your non-compliance with the aforementioned requirements.

  • SERVICE

  • The Platform is an online service that enables users to create and publish announcements, view others’ announcements, and communicate with other users through the provided contact details in those announcements. The Administrator is not an importer, manufacturer, distributor, or seller of any items, nor a provider of services advertised by users on the Platform. Furthermore,
  • the Administrator is not a marketer or a representative for users in the marketing of goods or services on the Platform. The actual contracts for sale, purchase, or services are made directly between the users, with the Administrator not being a party to these transactions. The Administrator simply offers users the means to connect.
  • Users are solely responsible for collecting and remitting any taxes applicable to the sale of their goods or services listed on the Platform. The Administrator reserves the right to delete or block access to user-posted announcements without notice in cases such as (i) receipt of binding judgments from competent authorities; (ii) infringement claims from intellectual property rights holders regarding a user’s content on the Platform; (iii) reasonable requests due to infringements of rights or legal interests of other users, entities, or individuals; (iv) detection of a user’s announcement on the Platform violating these Terms or any applicable laws, regulations, rules, or standards.
  • The Administrator has the authority to delete or block user announcements without providing justification. The Administrator also reserves the right to modify the Service, including both free and paid features, at any time, with or without prior notice. You recognize that the Administrator’s actions may temporarily or permanently affect your access to the Service and agree that the Administrator bears no responsibility or liability for any consequences, including the deletion or unavailability of any content or services.
  • Each user of the Service is solely responsible for any his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such users. You agree that the Administrator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
  • The Service may include links to third-party websites or resources and advertisements for third parties (“Third Party Ads”). These Third Party Ads are not under the Administrator’s control, and the Administrator is not responsible for them. The Administrator offers these Third Party Ads for convenience only and does not review, approve, monitor, endorse, warrant, or make any representations regarding Third Party Ads. The accuracy of advertisements and other information provided by online properties linked to by Third Party Ads is not guaranteed. You accept full responsibility and all risks from using such online properties. The terms and policies of the service provider, including privacy and data-gathering practices, apply when you access third-party online properties. It is your responsibility to conduct any necessary or appropriate investigations before engaging in any transactions with any third party. Any transactions or dealings with Third Party Ads found on or through the Service, including payment and delivery of related goods or services, are solely between you and the third party.
  • By agreeing to these terms, you release us, along with our officers, employees, agents, and successors, from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are either directly or indirectly connected to or result from your interactions with other Service users or any Third Party Advertisements.

  • POSTING OF ANNOUNCEMENTS BY USERS

  • Users are required to submit to the Administrator any documents that verify the legitimacy of posting announcements and identity documents when requested by the Administrator.
  • A user posting announcements related to the sale of goods or services on the Platform must provide accurate and comprehensive information about the goods and services, along with the terms and conditions of the sale and service provision.
  • The terms and conditions formulated by the user for the sale and provision of services must not conflict with these Terms and the applicable laws.
  • The price of goods or services must be precise. Should there be a change due to particular circumstances, it must be clearly stated in the announcement.
  • By uploading a YouTube video to your announcement via the YouTube API Services provided by the Administrator, you consent to adhere to the YouTube Terms of Service, which can be found at the following link.https://www.youtube.com/t/terms
  • By uploading a video to your announcement using the Facebook Embedded Video & Live Player feature provided by the Administrator, you consent to adhere to the Meta Platform Terms found at the developers’ Facebook domain and the Facebook Terms of Service located at the Facebook domain.

  • FEES

  • The platform is usually free to use; however, it may include services that require payment. For example, we might impose limits on posting announcements in specific categories or provide advertising opportunities for announcements on the platform.
  • You may register multiple Accounts as long as you utilize payable services on each one.
  • The charges for our payable services and the payment methods we accept are listed on the Platform.
  • We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.
  • Fees are non-refundable due to the nature of online services unless mandatory provisions of the applicable law state otherwise explicitly.
  • Payments for services are subject to the Billing Policy available at Domol Market Billing Policy](^BILLING POLICY – Domol Market^).

  • USER REPRESENTATIONS AND WARRANTIES

  1. By using the Service, you represent and warrant that:
    • You have a legal capacity and you agree to comply with the Terms;
    • If you register yourself as a representative of a legal entity, you are authorized by the company to agree with us and with users of the Platform;
    • You are above 18 years of age;
    • You will or have provided true, accurate, and complete information in your Account;
    • You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
    • You will immediately change data for accessing the Platform if you have a suspicion that your Account access details were disclosed or probably used by third parties;
    • You will notify the Administrator of any unauthorized access to your Account;
    • You will not provide any false or misleading information about your identity or location in your Account;
    • You will use the Service in strict abidance by applicable laws, regulations, rules, and guidelines;
    • You will not use the Service for any illegal or unauthorized purpose;
    • You will not post on the Platform announcements that offer for sale or exchange any Prohibited Items (https://domolmarket.com/faq/14 ).
    • You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
    • You will not post on the Platform announcements that include:
      • false, misleading, or deceptive statements;
      • personal or identifying information about minors or other persons without proper consent;
      • pornographic, overtly sexual materials;
      • depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;
      • defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;
      • advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
      • appeals to violence and unlawful actions;
      • offers of prostitution or other services contradicting moral or legal norms;
      • services, the provision of which is prohibited by the applicable law;
      • information of a solely promotional nature with no offers of specific goods or services;
      • counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and
      • direct or indirect references to any other websites, references or information about websites competing with the Platform;
    • You will not use software and pursue any other actions aimed at interfering with the normal operation of the Platform;
    • You will not promote or distribute unsolicited commercial emails, chain letters, or Ponzi schemes through the Platform or by any other means toward other users of the Platform;
    • You will not copy, modify, or distribute any other User Content without the consent of the respective user;
    • You will not harvest or otherwise collect information about users, including email addresses, or phone numbers, without their consent or otherwise violate the privacy of another person;
    • You will not download, store, post, distribute provide access to, or in any other way use worms, viruses, trojans, and other malware;
    • You have a legal title to the items offered for sale in your announcement; and
    • You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, advertise, and distribute goods described in your announcement.

  • INDEMNITY

  • You agree to indemnify and hold harmless the Administrator, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and their officers, directors, employees, agents, and representatives from any claims or demands, including attorneys’ fees and costs, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your breach of any representations, warranties, covenants, or obligations in these Terms; (iv) your violation of any laws, industry standards, regulations, guidelines, or rules; (v) any transactions you enter into through the Platform or your breach of such transactions’ terms. The Administrator reserves the right, at your expense, to take over the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

  • LIMITATION OF LIABILITY

  • Under no circumstances shall we (or our affiliates) be held liable to you or any third party for any lost profits or for any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these terms or your use of, or inability to use, the service, or third-party advertisements, even if we have been advised of the possibility of such damages. Your access to and use of the service and third-party advertisements are at your sole discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from such use.
  • Notwithstanding anything herein to the contrary, you acknowledge that the total liability of the Administrator to you for all claims resulting from the use of the Service or the content of announcements shall not exceed the lesser of the total amounts paid by you to us during the six months before any cause of action arises, or GHS 560.

  • INTELLECTUAL PROPERTY RIGHTS

      • Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
      • You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform, communicate, and make available to the public the User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for the Administrator’s marketing, advertising, and other purposes.
      • You agree, represent, and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
      • Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials“) and trademarks, service marks and logos included in it (“Marks“) belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed.

Notice for Claims of Intellectual Property Violations and Copyright Infringement

      1. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Platform someway infringes your intellectual property rights or the intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis and that you act in good faith according to the law.
      2. When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following:
        • an appeal should include a physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed;
        • the objects of intellectual property rights, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided;
        • you shall specify materials (with an indication of specific URL pages), which are stated to infringe rights or themselves are the objects of infringement;
        • you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address;
        • signed application about your faithful and reasonable belief that materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;
        • signed application about that a holder of intellectual property rights releases the Administrator from any third parties’ claims related to the deletion of relevant materials by the Administrator;
        • signed application concerning that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of an exclusive right, which has been supposedly infringed;
        • statutory regulations which you believe to be violated in connection to using of disputable content;
        • state, in which territory you believe the rights to be infringed;
        • copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.
      3. The relevant notification shall be sent to email domolmarket66@gmail.com .

 

  • GOVERNING LAW AND JURISDICTION

  • These Terms shall be governed under the laws of Ghana.
  • Any dispute, controversy, or claim resulting from or related to this contract, including its breach, termination, or invalidity, shall be resolved by the Ghana Arbitration Centre following its Rules. The arbitral proceedings will be conducted in English.

  • MISCELLANEOUS PROVISIONS

  • Unless stated otherwise, if any provision of these Terms is found to be invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not impact the validity and enforceability of the remaining provisions.
  • We reserve the right to transfer and assign any or all of our rights and obligations under these Terms to another party, in any manner, including through novation. By accepting these Terms, you consent to any such transfer or assignment.
  • Should we not act upon your violation of these Terms, we retain the right to employ our remedies in any subsequent instance where you infringe upon these Terms.
  • The Administrator shall not be held liable for any failure to adhere to these Terms if such failure is due to circumstances beyond the Administrator’s reasonable control.

    1. CONTACT

      1. If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: domolmarket66@gmail.com.

 

Last updated: 16 Nov 2024