The following describes the terms on which Esoko offers you access to our services.
Welcome to Esoko. These terms and conditions apply to the services available from the domain and sub-domains of www.esoko.com, and from all other Esoko branded webservices, mobile services, SMS services, fax, email or radio services (together, the "Service"). You are contracting with BusyLab Limited, a Ghanaian company located at 42 Ring Road, Accra Ghana, who own and operate Esoko. In this User Agreement, all Esoko and BusyLab contracting parties are known as "Esoko", "we", "us" or "our".
Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of Esoko, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and Esoko.
This User Agreement is valid from 1 March 2007 and is effective upon acceptance for new users.
You may not use the Service if you are under the age of 18 or you are not able to form legally binding contracts, or if your Esoko membership has been suspended.
While using the Service, you will not:
If you are registering with Esoko as a business entity or partner, you represent that you have the authority to legally bind that entity. If you are trading as a business on Esoko, you must comply with all applicable laws relating to online trading.
We will commence supplying our Services to you as soon as you accept this User Agreement. Unless you and Esoko agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the Services has commenced.
Esoko, Esoko Partners, and the Esoko community work together to keep the Service working properly and the community safe. Please report problems, offensive content, and policy breaches to us.
Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our Services and your account(s), restrict your access to, and your activities on, the Service (including, without limitation, by cancelling offers and removing listings and other hosted content), warn the Esoko community not to transact with you and/or take technical and legal steps to stop you from using the Service if:
We also reserve the right to cancel unverified accounts.
You agree not to hold Esoko responsible for any loss you may incur as a result of Esoko taking any of the actions described above.
We do not tolerate spam (unsolicited commercial communications). Please set your Esoko notification preferences so we communicate to you as you prefer. You may not add other Esoko users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent.
You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. If you send an e-mail to an e-mail address that is not a registered Esoko e-mail address belonging to an Esoko member, we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses.
To report spam from other Esoko users, please contact Esoko Customer Support.
Using information about other Esoko users
Our Service enables users to share personal information in order to initiate transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and service description. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
Joining Esoko and submitting content is free. We do charge fees for using other Services, such as premium personal or group Services, or to distribute your offers using our publish or alerts functionality. When you list an item or use a Service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on the Esoko Fees Policy, which we may change from time to time. We may choose to temporarily change the fees for our Services for promotional events (for example, "free listing days") or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Service.
Unless otherwise stated, all fees are payable in US dollars. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Service in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future, including the right to distribute the content publicly . In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will not hold Esoko responsible for other users' actions or inactions. Esoko is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats. At no point do we have possession of anything listed or sold through the Service.
We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold Esoko responsible for the actions or inactions of buyers or sellers involved in transactions.
We have no control over, do not guarantee, and you will not hold us responsible for:
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Service.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Service.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Esoko cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on the Service.
We cannot guarantee continuous or secure access to our Services, and operation of the Service may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted Service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our Services.
We (including our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising out of your use of our Service.
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, partners, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other Service offered which gave rise to the liability, and (b) $10.
Service Transaction Liability
The funds/credits that are utilized in purchases and transfer on the Service cannot be transferred for monetary value nor can they be redeemed for cash value. At all material times during the intended transactions, the funds/credits utilized may only be used on the Service. You acknowledge and agree that, the Esoko is not liable for any accidental transfer or use of funds/credits by the you.
Esoko shall not be liable to refund the accidental transfer and/or use of funds/credits or contact the recipient of the mistaken transfer of funds/credits on your behalf. You shall be wholly responsible for any loss suffered as a result of a mistaken / accidental transfer or use of funds/credits on the Service.
If you have a dispute with one or more users, or any project, company, or institution represented on Esoko, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and interference
Much of the information on the Service is updated on a real-time basis and is proprietary or is licensed to Esoko by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without our express written permission.
Additionally, you agree that you will not:
You agree that you will only use the Service in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, notices to Esoko shall be sent by registered mail to Esoko BusyLab, 42 Ring Road, PMB CT90, Accra, Ghana. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to Esoko when you registered as a member of Esoko. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.
Third party rights
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
Governing law and dispute resolution
This User Agreement shall be governed by and construed in accordance with English law. You and Esoko both agree to submit to the non-exclusive jurisdiction of the English Courts.
If a dispute arises between you and Esoko, we strongly encourage you to first seek a resolution by contacting Esoko Customer Support. Alternatively you may address complaints to Esoko BusyLab, 42 Ring Road, PMB CT90, Accra, Ghana. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
The following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this User Agreement and provide additional terms and conditions related to specific Services offered on the Service. We expect you to read all of the linked documents carefully:
Each of these policies may be changed from time to time. Changes take effect when we post them on the Service. When using particular services on the Service, we advise you to check whether the applicable policy or rule has been amended on the Service as you will be bound by the latest version of any applicable policies or rules which may be posted on the Service from time to time. All such policies or rules are hereby incorporated into this User Agreement.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.
In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Section headings are for reference purposes only and do not limit the scope or extent of the sections.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may amend this User Agreement at any time either by e-mail, via "My Messages" or by posting the amended terms on the Service. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Service. This User Agreement may not be otherwise amended except in a writing signed by you and us.
This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter.
The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our Services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution.
If you have any questions about this User Agreement, please contact Esoko Customer Support.