Customer Service Agreement

For the purpose of these terms of use, wherever the context so require, ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.

When you use any of the services provided by Marketsbos.com, including but not limited to, (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Marketsbos.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Micgabs Business Solutions grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding

 

Membership Eligibility

Use of the Marketsbos Website is available only to persons who can form legally binding contracts under Ghanaian governing laws. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Marketsbos.com and shall not transact or use Marketsbos.com website. As a minor if you wish to use or transact on Marketsbos.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Marketsbos.com. Marketsbos.com reserves the right to terminate your membership and refuse to provide you with access to Marketsbos.com if it is brought to Micgabs business solutions’ notice or if it is discovered that you are under the age of 18 years.

 

Your Account and Registration Obligations

If you use Marketsbos.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Marketsbos.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Marketsbos.com has the right to indefinitely suspend or terminate or block access of your membership with Marketsbos.com and refuse to provide you with access to the Website.

 

Communications

When you use the Website or send emails or other data, information or communication to Marketsbos.com, You agree and understand that you are communicating with Marketsbos.com through electronic records and you consent to receive communications via electronic records from Marketsbos.com periodically. Marketsbos.com may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

Charges

Your usage of the Marketsbos.com is free. We do not charge any fee for browsing or purchasing from our site. However, marketsbos.com reserves the right to charge a fee and change its policies from time to time. In particular, Marketsbos.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Marketsbos.com.

 

Terms of Use of the MarketsBos Website

You agree, undertake and confirm that your use of Marketsbos.com shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

  1. Belongs to another person and to which you do not have any copyright.
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
  3. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  4. harasses or advocates harassment of another person;
  5. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  7. infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  8. Promotes an illegal or unauthorized copy of another person’s copyrighted work.
  9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  10. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  12. contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
  13. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  14. Engages in commercial activities and/or sales without Marketsbos prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, Marketsbos “prior written consent” means a communication coming from Micgabs Business Solutions
  15. Solicits gambling or engages in any gambling activity which Micgabs, in its sole discretion, believes is or could be construed as being illegal;
  16. interferes with another user’s use and enjoyment of Marketsbos.com Website or any other individual’s user and enjoyment of similar services;
  17. harm minors in any way;
  18. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  19. violates any law for the time being in force;
  20. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  21. Threatens the unity, integrity, defence, security or sovereignty of the Ghanaian government, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  22. Shall not be false, inaccurate or misleading or impersonate another person;
  23. Shall not, directly or indirectly, offer, attempt to offer; trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  24. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  25. You shall not attempt to gain unauthorized access to any portion or feature of Marketsbos.com website, or any other systems or networks connected to Marketsbos.com Website or to any Marketsbos server, computer, network, or to any of the services offered on or through Marketsbos.com Website, by hacking, password “mining” or any other illegitimate means.
  26. You shall not probe, scan or test the vulnerability of Marketsbos website or any network connected to Marketsbos.com website nor breach the security or authentication measures on Marketsbos.com website or any network connected to the Website.
  27. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Marketsbos.com Website, or any other customer of Marketsbos.com, including any Marketsbos.com account not owned by you, to its source, or exploit Marketsbos.com Website or any service or information made available or offered by or through Marketsbos.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Marketsbos.com Website.
  28. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Marketsbos.com Website or Marketsbos’s systems or networks, or any systems or networks connected to Marketsbos.com.
  29. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.;
  30. You may not forget headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Marketsbos.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  31. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Marketsbos.com or others. Solely to enable Marketsbos.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Marketsbos.com will only use Your Information in accordance with the terms of use and Marketsbos’s Privacy Policy. From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.
  32. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
  33. You shall not lift (i.e. copy and paste) images of products you want to sell on Marketsbos.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Marketsbos of any third party claim thereon.
  34. You shall not engage in advertising to, or solicitation of, other users of Marketsbos.com to buy or sell any products or services, including, but not limited to, products or services related being displayed on Marketsbos.com or related to Marketsbos.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Marketsbos.com. It shall be a violation of these Terms of Use to use any information obtained from Marketsbos.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of Marketsbos.com without Marketsbos’s prior explicit consent. In order to protect our users from such advertising or solicitation, Marketsbos reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Marketsbos deems appropriate in its sole discretion
  35. You understand that Marketsbos has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Marketsbos.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury
  1. Marketsbos reserves the right, but has no obligation, to monitor the materials posted on Marketsbos.com website. Marketsbos shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Marketsbos.com,

You Remain Solely Responsible For The Content Of The Materials You Post On The Marketsbos.com Website And In Your Private Messages.

 

Please be advised that such Content posted does not necessarily reflect the views of Marketsbos.com. In no event shall Marketsbos assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Marketsbos.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Marketsbos.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Marketsbos shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Marketsbos.com.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Marketsbos.com and that you may be involuntarily exposed to such offensive and obscene materials. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Marketsbos.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Marketsbos.com, and that the recipient may use such information to harass or injure you. Marketsbos does not approve of such unauthorized uses but by using the Marketsbos.com Website you acknowledge and agree that Marketsbos will not be responsible for the use of any personal information that you publicly disclose or share with others on Marketsbos.com. Carefully select the type of information that you publicly disclose or share with others on Marketsbos.com.

Marketsbos shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Marketsbos.com is owned, controlled or licensed by or to Micgabs Business Solutions, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of Marketsbos.com and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Marketsbos’s express prior written consent. You may use information on Marketsbos.com products and services purposely made available by Marketsbos.com for downloading from the site, provided that you do not remove any proprietary notice language in all copies of such documents, use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any such information, and not make any additional representations or warranties relating to such documents.

 

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, Content”). Such Content will become the property of Marketsbos and you grant Marketsbos Online Shopping Limited the worldwide, perpetual and transferable rights in such Content. Marketsbos shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Marketsbos, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

 

Other Businesses

Marketsbos does not take responsibility or liability for the actions, products, content and services on Marketsbos.com website, which are linked to Affiliates and / or third party websites using Marketsbos.com APIs or otherwise. In addition, Marketsbos.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Marketsbos assumes no responsibility for examining or evaluating the products and services offered by them, and Marketsbos does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Marketsbos.com does not in any way endorse any third party website(s) or content thereof.

 

Privacy

We view protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures.

 

Mandatory Declaration

  1. You hereby declare that you have provided all necessary Legal Delivery Details for the delivery of the product to the destination specified by you in the Order.
  2. You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.

 

Disclaimer of Warranties and Liability

This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on Marketsbos.com on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Marketsbos.com does not warrant that:

  • This website will be constantly available, or available at all; or
  • The information on this website is complete, true, accurate or non-misleading.

Marketsbos will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Marketsbos.com website.

Marketsbos does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Marketsbos.com website; their servers; or electronic communication sent from Marketsbos.com are free of viruses or other harmful components

Nothing on Marketsbos.com constitutes, or is meant to constitute, advice of any kind.

All the products sold on Marketsbos.com are governed by laws of The Ghanaian government and if Marketsbos is unable to deliver such products due to implications of the laws, Marketsbos will return or will give credit for the amount received by Marketsbos from the sale of such product, which could not be delivered to you.

You will be required to enter a valid phone number while placing an order on Marketsbos.com. By registering your phone number with us, you consent to be contacted by Marketsbos via phone calls and or SMS notifications, in case of any order or shipment or delivery related updates. Marketsbos will not use your personal information to initiate any promotional phone calls or SMS.

 

Payment

While availing any of the payment method(s) offered at Marketsbos.com, Marketsbos.com will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction(s), or
  2. Exceeding the pre-set limit mutually agreed by you and between your “Bank(s)”, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s.

All payments made against the purchases/services on Marketsbos.com by you shall be compulsorily in Ghana Cedis acceptable by the Bank of Ghana. Marketsbos.com does not accept any other form of currency with respect to the purchases made on Marketsbos.

 

Breach

Without limiting other remedies, Marketsbos.com may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to Marketsbos.com website in the event, but not limited to:

  1. If you breach the Terms of Use or Privacy Policy or other rules and policies, if any;
  2. If Marketsbos.com is unable to verify or authenticate any information you provide; or
  3. If it is believed that your actions may cause legal liability for you, other Users or Marketsbos.com.

Marketsbos.com may at any time at its sole discretion reinstate suspended users. A User that has been suspended or blocked may not register or attempt to register with Marketsbos.com or use Marketsbos.com in any manner whatsoever until such time that such user is reinstated by Marketsbos.com. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Marketsbos.com reserves the right to recover any amounts due and owing by you to Marketsbos.com and to take strict legal action including but not limited to a referral to the appropriate law enforcement or other authorities for initiating criminal or other proceedings against you.

  • Indemnity

You shall indemnify and hold harmless Marketsbos.com its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including attorneys’ fees, made by you or any third party or penalty imposed due to or arising out of your use of the goods or services, or in the event you breach this Terms of Use, the Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party on Marketsbos.com

  • Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of the Ghana Government.

 

Jurisdictional Issues/Sale in Ghana Only

Unless otherwise specified, the material on Marketsbos.com is presented solely for the purpose of sale in Ghana. Marketsbos makes no representation that materials/services in Marketsbos.com are appropriate or available for use in other locations/Countries other than Ghana. Those who choose to access this site from other locations/Countries other than Ghana do so on their own initiative and Marketsbos is not responsible for supply of goods/availability of services, refund for the goods or services ordered from other locations/Countries other than Ghana, compliance with local laws, if and to the extent local laws are applicable.

  • Trademark, Copyright and Restriction

This site is controlled and operated by Marketsbos Business Solutions. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Marketsbos.com web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

  • Copyright complaint

We at Marketsbos respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at [email protected]

  • Risk of loss

All items purchased from Marketsbos.com are made pursuant to a delivery contract. This means that the Risk of Loss shall remain with Marketsbos until the item is transferred to you. In the event that the items are damaged after receipt, the risk falls on the customer.

  • Product and Service Description

Marketsbos.com tries to be as accurate as possible. However, Marketsbos.com does not warrant that product or service description or other content of this site is accurate, complete, reliable, current, or error-free. If a product or service offered on Marketsbos.com itself is not as described, your sole remedy is to return it in unused condition.

  • Pricing and Typographical error

If Marketsbos.com comes across any difference in pricing resulting from typographic errors with regards to pricing or product/service information, Marketsbos.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

  • Cancellation of order

Marketsbos.com reserves the right to cancel any order without any explanation for doing so, under situation where Marketsbos.com is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Marketsbos.com policy or for any reason. However, Marketsbos.com will ensure that any communication of cancellation of an order is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.

Note that in the event of cancellation of a ‘pay on delivery’ orders, Marketsbos will not be liable in any form where the customer proceeds to receive orders following an earlier cancellation.

  • Termination of Service

Marketsbos.com reserves the absolute right to modify, discontinue, temporarily or permanently, any and all portion of our goods and services with or without prior communications. You hereby consent that Marketsbos.com will under no circumstance be liable to you or any third party for any modification or discontinuance of availability of goods or services on the website.

  • Limitation of Liability

IN NO EVENT SHALL Marketsbos.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF Marketsbos.com HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

MARKETSBOS’S AGGREGATE LIABILITY TO YOU, ANY INDIVIDUAL OR ANY THIRD PARTY IN ANY MATTER ARISING HEREFROM, RELATED OR CONNECTED TO OUR GOODS AND SERVICES IS AT THE COMPANY’S SOLE DISCRETION.

 

Other Terms and Conditions

Please note that all Merchants who already have goods and services, or Prospective Merchants who have sent in request to have their goods and services uploaded or advertised on marketsbos.com in order to conduct transactions, including but not limited to;

Merchants who sell Goods on Marketsbos.com

  • Merchants who offer Services on Marketsbos.com

 

  • Firms/Organizations who choose to advertise on Marketsbos’s website (i.e. Advertisers, either on a trade by barter basis with Marketsbos or on a strictly Advertisement service level) are hereby governed by the Terms and Conditions here in.

 

 

Advertising

Advertising Services offered by Marketsbos.com include, but are not limited to the display of certain goods, services and information about your business from time to time, splashing adverts, direct calls to you and sending certain information to users of Marketsbos.com via different means (i.e. SMS messages or emails).

 

General

The Terms and Conditions and Privacy Policy as provided herein by Marketsbos including but not limited to other guiding policies for Marketsbos.com constitute the entire agreement between the parties with respect to the subject matter hereof. In the event Marketsbos or you decide to waive any breach or default hereunder, the waiver will not suffice for any preceding or subsequent breach or default. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The failure of either party to insist immediately upon the strict compliance and or performance of any of the terms and conditions herein breached shall not constitute a waiver of the right of either party, or constitute acquiescence therein and the same shall not affect or impair the later exercise of such right or be presumed to vary this terms and conditions in any manner whatsoever. When you place an order on Marketsbos.com for goods or services, you hereby make an offer to us for the purchase of the goods or the vouchers for services. For more information, please view our privacy policy. Please note that all your purchases are either directly from Marketsbos.com if the item is “Sold by Marketsbos”, or from a Merchant in the event the goods or services are offered by the Merchant. In light of the above, goods or services sold by a Merchant are strictly redeemable from Merchants while those sold by Marketsbos are redeemable from Marketsbos.

 

 

Vendor Service Agreement

 

Agreement

In consideration of the mutual covenants set forth in this Agreement, Vendor and Marketsbos (jointly referred to as “Parties” and individually as a “Party”) hereby agree as follows: 

 

Services Rendered

The Vendor agrees to compensate Marketsbos for the services rendered listed in section 2 below (“Services”). 

 

Delivery of Services

Marketsbos will use reasonable diligence in rendering the Services offered to the Vendor, which include the following:

  • Online store tailored to the Vendor with payment gateway and escrow service at Marketsbos.com;
  • Access to a dedicated account officer and other account management services;
  • Access to logistics partners;
  • Provision of analytics;
  • Vendor Support services (Mon – Fri; 08:00 – 18:00)
  • E-marketing, and other marketing services as available and appropriate.

Marketsbos may at its sole discretion add or remove Services from the above list from time to time and some of the new services may attract separate charges, in which case the Vendor will be informed before provision of the said services.

Marketsbos reserves the right to alter or vary the available Services, the nature of the Services and any charges at its sole discretion.

The Vendor agrees to use reasonable diligence in providing Marketsbos with genuine products, up-to-date product quantity information and accurate product information.

 

 Compensation

For all of the Services provided by Marketsbos under this Agreement, the Vendor shall compensate Marketsbos, with commissions or other payments as required, in accordance with the terms of the ‘Commission Structure’, which will be communicated to all Vendors; or agreed in advance between both parties, or detailed elsewhere on the Marketsbos website.

Marketsbos will from time to time review the category commission structure and will notify the Vendor of any changes by communicating directly to Vendors, or publishing the same on Marketsbos’s website not less than fourteen (14) days before any variation in commission rate or charging structure takes place. Marketsbos will remit payments for sales generated by the Vendor on its platform minus the agreed commission and all applicable taxes as soon as products sold have been delivered and applicable return period has lapsed, or as agreed between the Parties.

 

Confidentiality

The Vendor and Marketsbos acknowledge and agree that the scope of work and all other documents and information related to the development of the Services (the “Confidential Information”) will constitute valuable trade secrets of Marketsbos. Vendor shall keep the Confidential Information in confidence and shall not at any time during or after the terms of this agreement, without Marketsbos’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. Excluded from the “Confidential Information” definition is anything that can be seen by the public.

 

Independent Contractor

Marketsbos shall be deemed as an independent contractor. Marketsbos will be fully responsible for payment of its own income taxes on all compensation earned under this Agreement. Vendor will not withhold or pay any income tax, social security tax, or any other payroll taxes on Marketsbos’s behalf. Marketsbos is also not responsible for remitting or paying VAT (Value Added Taxes) on behalf of the Vendor. Marketsbos understands that it will not be entitled to any fringe benefits that Vendor provides for its employees generally or to any statutory employment benefits, including without limitation, worker’s compensation or unemployment insurance.

 

 Entire Agreement

This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Marketsbos reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Marketsbos website.

 

Indemnification

Vendor warrants that everything it gives Marketsbos to use in the delivery of the Services or any deliverable is legally owned or licensed to the Vendor. The Vendor agrees to indemnify and hold Marketsbos, its employees and associates harmless from any and all claims brought in the performance of the Services.

Vendor shall indemnify and hold MARKETSBOS harmless in respect of any action that may be taken against it, or any claims that may be brought against it, for whatever reason and of whatever nature – including, but not limited to, breach of law, regulation and/or any of the obligations and warranties under this Contract – by any third party in respect of the Contents and/or the Services and/or any and all activities related and connected to the Contents and/or the Services, irrespective of any direct liability of the Vendor (“Third Party Claim”).

 

Limitation of Liability

  1. A) Not withstanding applicable returns policy, Merchant further covenants to:

– Pick up fresh returned orders from the Marketsbos Pick Up Centres within 7 days of notification of such return via SMS or e-mail, failing which, the order will be sent back to Marketsbos’s Warehouse and another notification to the merchant to request for the delivery of same at specified.

– If the merchant fails to respond after 10 days, Marketsbos shall notify merchant by sending reminder emails or sms every day, for an extra 4 days.;

– In the event that the goods are not picked up from the Pick up Centres after 7 days and still remain un-requested for after 14 days elapses, such Merchant goods shall be destroyed by Marketsbos.

  1. B) Merchant agrees to indemnify, defend and hold harmless Marketsbos against and from any third party claims (including reasonable legal or arbitration costs) arising from:
    • Any breach or default on the part of the merchant of any obligations
    • Negligent act or omission of merchant; or
    • Wilful violation of the law, wrong description and price of products advertised; or
    • An offence committed by merchant.
    • Provision of fake, inferior, expired or substandard products that have been sold as genuine;
    • Engages in any activity which would be considered illegal under Ghanaian law, or engages in any activity that could be considered as fraudulent or misleading.

 

Set Off

The Vendor hereby authorizes Marketsbos to set-off by whatever means the whole or any part of Vendor’s liabilities to Marketsbos or its customers under this Agreement (or any other contract with us) against any funds or goods credited to or owing to the Vendor under this Agreement (or any other contract with us). Marketsbos may exercise this right of set-off at any time, without notice to the Vendor, whether either liability is present or future, cash or assets, and whether or not either liability arises under this Agreement. If the liabilities to be set off are expressed in different currencies or forms, Marketsbos may convert either liability at a market rate of exchange for the purpose of set-off. In the event such set-off does not fully reimburse Marketsbos for the amount owed, the Vendor shall immediately pay Marketsbos such outstanding amount. The Vendor shall hold harmless any financial institution that follows our request pursuant to this clause. Any exercise of Marketsbos’s right under this provision is without prejudice and in addition to any rights or remedies available to Marketsbos under this Agreement or otherwise.

 

Term & Termination

Either Party shall have the right to terminate this Agreement for cause immediately and without notice in the event of a breach of the obligation under this Agreement by the other Party.

Marketsbos has the right to evict the Vendor from Marketsbos if any, or a combination, of the following breaches are committed:

  • Fails to make a product that has been sold on Marketsbos Mall available for delivery within three (3) business days after it was supposed to be available for delivery;
  • Provides fake, inferior or substandard products that have been sold as genuine;
  • Provides used, refurbished or damaged products that has been sold as new or unused;
  • Engages in any activity which would be considered illegal under Nigerian law, or engages in any activity that could be considered as fraudulent or misleading;
  • Engages in any activity that brings Marketsbos, or any of Marketsbos’s partners or other mall vendors into disrepute.

 

Force Majeure

The Parties agree that there shall attach no liability for any inability to carry out any obligations under this Agreement if is attributable to an event of force majeure including but not limited to systems downtime, server failure, civil commotion, strikes or lock outs, war, flood, insurrection and other acts of God PROVIDED however that where an event of force majeure subsists for more than One (1) month the Party affected by such force majeure event shall be deemed to have voluntarily excused itself from the transaction contemplated by this Agreement.

 

Entire Agreement

This Agreement contains the entire agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. Marketsbos reserves the right to alter these terms and conditions at any point without notice, by updating the content on the Marketsbos website.

 

Insurance

Vendors shall be responsible for insurance in relation to goods shipped to customers.

 

Copyright and Infringement Trademark

Marketsbos respects all copyright and trademarks of others. As a Vendor on our website you must in turn respect these rights. Marketsbos will immediately terminate or suspend a Vendor who infringes another’s trademark or copyright.

 

Independent Contractors

The Parties hereby enter into this Agreement as independent contractors, and this Agreement will not be construed to create a partnership, joint venture, or employment relationship between them. Neither Party will represent itself to be an employee of the other or enter into any agreement or legally binding commitment or statement on the other’s behalf or in the other’s name.

 

Restrictions and Prohibitions

  • All product descriptions must be true, accurate and non-misleading.
  • Products sold by Vendors must not be fraudulently obtained or involve the sale of counterfeit or stolen items.
  • Vendors must not infringe or misappropriate any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; Marketsbos will in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Vendors who may be infringers.
  • Vendors must comply with governing laws, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, anti-discrimination or false advertising).
  • Products/description of products must not be defamatory, trade libellous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities.
  • No display of images containing pornography is permitted.
  • You must not sublease Your account or give another access to Your account or sublease Your Store to third parties;
  • Vendors must not incur liability for Marketsbos and its subcontractors or expose them to undue risk or otherwise engage in activities that Marketsbos, in its sole discretion, determines to be harmful to Marketsbos’s affiliates, operations, reputation, or goodwill.
  • Vendors must not post or display any materials that exploits or otherwise exploits children under age of 18 years.
  • Vendors must not conduct activities such as gambling, sweepstakes, raffles and lotteries.

Marketsbos is compliant with all the Money Laundering Regulations and all Money Laundering activities are prohibited.

 

Governing Law and Dispute Resolution

As regards any dispute relating in any way to your use of any Marketsbos Service. Party do hereby covenant that he/she shall not commence or maintain any suit against Marketsbos whether at law or in equity, but Parties shall use all reasonable endeavours to settle any dispute or difference of opinion between them, arising from or in connection with this Agreement amicably through mutual discussion. If the dispute cannot be resolved by mutual discussions within a period of fourteen (14) days from the date of notice, such dispute or claim will be resolved by binding arbitration, rather than in court. And the decision by the arbitrator shall be final. Each party shall provide his/her own arbitrator at their own cost. Both arbitrators shall agree on a neutral arbitrator whose decision will be final. The fee for the Neutral arbitrator shall be shared equally by both parties.

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