NII JORN PRESBY TERMS AND CONDITIONS
Welcome to the Nii Jorn Presby.org webProduct page of the site (the “Product page of the site”). This document describes the terms and conditions applicable, without exception, to any person who wants to access and use the Product page of the site. Nii Jorn Presby.org is a subsidiary of the VAHIL Group. The Product page of the site is a multi-vendor e-commerce platform that allows businesses to create and operate virtual storefronts to sell their products to different buyers.
Any person who accesses the Product page of the site (“you”, “your” or “User”), agrees to be legally bound by all the terms and conditions contained in this document, and all affiliated rules, guidelines and policies. This document and all affiliated rules, guidelines and policies of the Product page of the sites are collectively referred to hereinafter as the “Terms”. Your use of the Product page of the site constitutes your understanding and acceptance of all Terms. Nii Jorn Presby.org (“Nii Jorn Presby,” “we,” “us,” and “our”) reserves the right and has sole discretion to change or amend any of its Terms, at any time. Changes to the Terms will be done without prior notice to you. You are solely responsible for checking and getting updated on all applicable changes to the Terms. Changes will be effective upon posting of the revisions on the Product page of the site. Your continued use of the Product page of the site following Nii Jorn Presby’s posting of changes to the Terms constitutes your acceptance of the changes or amendments. You should cease to use the Product page of the site, if you do not agree to any changes to the Terms.
Use of the Product page of the site is limited to parties who are legally recognised as adults of sound mind and who can lawfully enter into and form contracts. Minors are not allowed to use the Product page of the site, unless under the direct supervision of a parent or legal guardian. Users have a non-exclusive, non-transferable and revocable license to use the Product page of the site in accordance with the Terms herein, for personal purchase. Nii Jorn Presby reserves the right to immediately limit or terminate a User’s access to the Product page of the site upon detection of a breach of the Terms.
BUYER ACCOUNTS AND RESPONSIBILITIES
You must register as a member on the Product page of the site in order to access certain services and features. Any person who accesses the Product page of the site for the purposes of purchasing any product and/or service on offer for sale on the Product page of the site (“Buyer”) is required to agree to all Terms and register for a User Account at checkout. User Accounts are required for the confirmation of orders (or purchases). For the purposes of this document Seller Accounts and User Accounts are collectively referred to as Buyer Account(s).
A User upon registering agrees to provide only true, accurate, current and complete information and to promptly update such information if changes occur, thereafter. Such information will include but will not be limited to real name, address, phone number, e-mail address, business details and payment information.
As a User, you represent, warrant and agree that (a) you have all requiProduct page of the site powers and authority to accept the Terms and to perform the obligations herein; (b) the details you provide upon registration is accurate and complete. You agree not to violate, encourage the violation or abet in the violation of the Product Listing and Prohibition Policy of the Product page of the site, other Terms or the laws of the Republic of Ghana governing the conduct of business, including but not limited to those on fraud, unfair competition, consumer protection, money laundering or false advertising. You agree not to provide on our Product page of the site, a link to another Product page of the site which violates these Terms or laws.
All registrations are subject to our approval. Nii Jorn Presby does not allow one User to register and operate more than one account, except with explicit approval. We reserve the right to cancel or terminate a Member Account with reasonable suspicion that a single User has registered or concurrently operates more than one account.
A User is not allowed to engage in (a) spamming or phishing; (b) the use of robots, spiders or other automatic programmes or devices; (c) any other activity deemed by us as having the potential to undermine the integrity of NII JORN PRESBY.ORG’s systems, such as the use of computer malware, codes or hardware components to disrupt, damage, intercepting or compromise software or hardware systems, data or information about Nii Jorn Presby’s operation or other Users of the Product page of the site; and (d) any activities that would create any liability or financial loss to Nii Jorn Presby. You agree to refrain from undermining the integrity of the Product page of the site’s data collection and feedback systems, such as using a secondary Member Account or engaging a third party to post positive feedback on your other account or post negative feedback on another User’s account. Every User represents, warrants and agrees that all activities and business transactions with other Users shall be conducted in good faith.
Each User further agrees not to (a) copy, download, reproduce, republish, resell, redistribute or commercially exploit text or graphic content however acquired from the Product page of the site; and (b) use a membership account or services obtained from the Product page of the site in activities similar to NII JORN PRESBY.ORG’s e-commerce business. Use of any content or materials on the Product page of the sites for any purpose not expressly permitted in the Terms is prohibited.
You and Nii Jorn Presby.org will remain independent entities even after you agree to all our Terms. The Terms do not imply, intent or create any kind of agency, joint venture, sales representative, franchiser-franchisee or employment relationship between you and Nii Jorn Presby.org and no portion of the Terms shall be construed as such.
INTELLECTUAL PROPERTY RIGHTS
Every User represents, warrants and agrees that (a) any content submitted or posted on the Product page of the site will not be in violation of the intellectual property rights, copyright, patent, trademark, trade secrets, proprietary or personal rights of a third party; and (b) you shall have the sole responsibility to obtain the necessary third-party permission, license, and certification for all content submitted or posted on the Product page of the site and to offer to sell, trade and distribute the products or services described in the content. Do submit a complaint to us, if you identify a possible violation of your intellectual property rights.
Nii Jorn Presby.org solely owns all intellectual property rights, whether registered or unregistered, in the Product page of the site. The Product page of the site’s content, including but not limited to the webProduct page of the site design, source code, text, graphics, software, photos, videos and sounds, embody trade secrets and other intellectual property rights protected under applicable copyright laws. All rights not otherwise claimed under the Terms or by Nii Jorn Presby.org are hereby reserved.
“NII JORN PRESBY”, “NII JORN PRESBY.ORG” and related logos and icon are registered trademarks of the Nii Jorn Presby Congregation and are protected under the copyright laws of Ghana and international conventions. We strictly prohibit unauthorised copying, modification, use or publication of all such materials.
By using the Product page of the site and posting or submitting content, you grant a royalty-free, irrevocable, perpetual, worldwide, non-exclusive, right and license to use, display, transmit, reproduce, adapt, modify, create derivative works of, distribute and otherwise use any or all of the content in any media present or in future for purposes which may be beneficial to the operation of the Product page of the site. You grant us the right to use the name that you submit, in connection with comments or reviews, or other content that you post or submit to the Product page of the site. You agree that any content you post or submit to the Product page of the site may be used in any media, including other webProduct page of the sites, through which we offer, merchandise or advertise our products and services. You confirm and warrant that you have all the rights, power and authority necessary to grant the above license.
As a User, you represent, warrant and agree that any content you post or submit to the Product page of the site will not contain information that is (a) libellous, slanderous or defamatory, threatening, harassing, objectionable, offensive, obscene, sexually explicit or harmful to others; and (b) discriminatory or promotes discrimination based on gender, religion, nationality, sexual orientation, disability or age.
You shall not conduct yourself on the Product page of the site in any way which constitutes false representation, such as but not limited to the use of a false e-mail address, impersonation or any other means which may mislead us or others. We reserve the right and sole discretion to intervene and impose sanctions, including but not limited to limiting or terminating a User’s access to the Product page of the site and/or removing or editing posts and submissions.
Views, opinions, comments, reviews and product details expressed on the Product page of the site are those of Users and are not endorsed or otherwise certified by us; they do not reflect our opinions. We are not required to actively monitor nor exercise any editorial control whatsoever over content posted or submitted. Each User is solely responsible for the contents posted or submitted. We do not share in any liabilities that may result from a User’s content.
ORDERS, TRANSACTIONS AND PRICING
NII JORN PRESBY.ORG’s role and responsibility to its Users is to facilitate transactions that occur through the Product page of the site. At no instance does Nii Jorn Presby represent a Seller or a Buyer in a transaction. While Nii Jorn Presby may aid or make information available to Sellers for the purposes of setting prices, the final price decision rests with each Seller. We will not be held liable if the price(s) of a Seller’s products or services negatively affects the Seller’s competitiveness.
Nii Jorn Presby provides on the Product page of the site different electronic web and mobile based payment platforms for Users to transfer funds in fulfilment of financial obligations that may arise between themselves and/or between a User and us in relation to transactions that take place on the Product page of the site. Each transaction will be identified by a unique transaction code which will represent all the necessary details pertaining to a transaction, including but not limited to the name of the Buyer, product, cost, time of purchase and locations.
By registering for a Member Account and using the Product page of the site, you authorise Nii Jorn Presby to act as your agent for purposes of processing payments, refunds, reimbursement and adjustments for your transactions. Nii Jorn Presby can receive and hold, on your behalf, any money which accrues from the sale of your products and services (“Sales Proceeds”), credit your stipulated payment account, make deductions for applicable fees or other amounts owed us, including but not limited to commissions, refunds, adjustments or funds you otherwise unduly received in the past, but excluding any taxes charged.
Buyers satisfy their obligations to us for any transactions when we confirm receipt of the Sales Proceeds for that transaction. The Product page of the site reserves the right to refuse or cancel any order for any reason at any given time.
We are committed to providing the most accurate pricing information on the Product page of the site, however, if an error of any kind results in the display of an incorrect price, we reserve the right to terminate or cancel the transaction at any point between the purchase and delivery of the product or service which was incorrectly priced. For security reasons, we may also impose transaction limits on some or all Buyers relating to the value of any transaction. Upon reasonable suspicion that the actions or negligence of a Seller may result in a dispute, chargeback or other claims.
You agree that prior to disbursing funds to you, Nii Jorn Presby may combine your Sales Proceeds with that of other users of the Product page of the site. The funds will not be used to serve Nii Jorn Presby’s commercial interests beyond the limits of this Terms nor be made available to creditors in the event of bankruptcy.
For all the transactions that you fail to duly fulfil, you will accept and process returns, refunds and adjustments in accordance with Nii Jorn Presby’s Return and Refund Policy and this Terms as published on the Product page of the site at the time of the transaction.
Products and services, product and service details, information, content and all other related materials on the Product page of the site will be as represented by Sellers. Nii Jorn Presby expressly disclaims any warranties, expressed or implied, with respect to the condition, quality, stability, completeness, functions, performance, reliability, fitness or any other kind of purpose or benefit of a product or service on offer on the Product page of the site.
No warranty or representation is given that a particular product or service or feature or function thereof or the same type and extent of the product or service or features and functions thereof will be available for Users. We further make no representations or warranties for the manufacture, sale or delivery of any product or service displayed or offered for sale on the Product page of the site, or that a product or service does not violate any third party rights. No information obtained in writing or orally by any User from us shall not constitute any form of warranty.
It is at the User’s sole discretion and risk to download or otherwise obtain any content through the Product page of the site and each User has sole responsibility for any damage to our systems or the User’s or any loss of data we or the User may suffer as a result of such actions.
SECURITY AND PASSWORDS
Each User, upon registering for a Member Account on the Product page of the site will be asked to create a unique ID and chose a password. Each User of the Product page of the site has sole responsibility to keep passwords and other account identifiers confidential, safe and secure. The User shall monitor all activities that are carried out on the Product page of the site under that User’s account and notify us of any unauthorised use or breach of the security of your account.
A User may not share or permit the use of your Member Account by another person outside your trusted circle or own business entity, if at all. Users concede that allowing others to have access to your Member Account may cause major and irreparable damage to you, other Users and to NII JORN PRESBY.ORG. The Product page of the site, our affiliates, management, employees or agents shall under no circumstances be held responsible or liable for any harm, loss or damage whatsoever incurred as a result of any action or negligence in complying with this section.
Due to the limitations which come with verifying identities on the internet, Nii Jorn Presby cannot certify that each User and all the details, information and content on the Product page of the site, as represented by a User, are true. Users acknowledge that there may be risks of dealing with people who are impersonating others or representing themselves, their products and services by means that may be misleading. Do submit a complaint to us, if you encounter any suspicious individual or superstitious activity on the Product page of the site. Each user also agrees not to engage in illegal activities or undertake any action to undermine the integrity of the Nii Jorn Presby and/or other Users of the Product page of the site.
Users understand and accept that their activities on the Product page of the site may be interrupted at certain times to allow for webProduct page of the site improvements, scheduled maintenance and the like; and that in some instances that interruption may be due to factors beyond our control. Under no condition shall Nii Jorn Presby be held liable for any interruption resulting from matters beyond our control, including but not limited to the internet, system or equipment failures; electrical power blackouts; labour or civil actions; natural disasters or court orders.
DISPUTES AND ARBITRATION
As a User, you represent, warrant and agree that should any dispute or claim arising between you and us from the use of the Product page of the site, (a) we shall first explore cost effective alternative dispute resolution procedures, such as a private and confidential binding arbitration, instead of litigation, and that the process shall be held in Ghana before a single independent arbitrator, experienced in information technology, and under applicable Ghanaian law at the time of the dispute or claim; and (b) the dispute or claim proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Notwithstanding any of the foregoing provisions, we ask that to foster a quick resolution of any disputes or claims, you should contact us immediately. Also, the Product page of the site reserves the right to seek the appropriate relief from the law court to protect its intellectual property rights and confidential information.
APPLICABLE LAW AND JURISDICTION
NII JORN PRESBY.ORG’s headquarters and base of operation is in Ghana, as such, the Terms shall be governed by the laws of the Republic of Ghana. Each party, hence, agrees to submit to the jurisdiction of the courts of Ghana and shall raise no objections against the application of the Terms or any other applicable law of the land, based on venue.
If any provision of the Terms is duly held by a competent court to be wholly or partially invalid or unenforceable, such provision shall be deleted and the remaining provisions under the Terms shall remain unaffected, valid and enforceable.
Each User agrees to indemnify NII JORN PRESBY.ORG, our affiliates, agents, managers, directors, employees and representatives from (a) any claim or demand, including legal costs, resulting from submissions and posts of any content on the Product page of the site, use of the Product page of the site or your breach of the Terms; (b) any loss, damage, claim, liability, including legal costs on a full indemnity basis, resulting from User’s breach of any representations and warranties made by User to us; and (c) any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Product page of the site.
On the occasion that a dispute arises between a User of the Product page of the site and another due to a transaction, the Users agree to indemnify and save NII JORN PRESBY.ORG, our affiliates, agents, managers, directors, employees and representatives from any claims, actions, proceedings, costs and/or damages in connection with such transaction.
Also, all Users understand, agree and assume entirely the risks of offence, loss and damage that may come with the use of the Product page of the site, and as such, indemnify and hold Nii Jorn Presby.org free from any loss, damage or any other kind of liability arising from any content or material transmitted over the Product page of the sites, including but not limited to impersonations, false representations, defamation, threats, harassment, obscenity, delay or default in delivery or payment, offensive or illicit materials.
Nii Jorn Presby.org reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with us in asserting any available defences.
LIMITATION OF LIABILITY
All Users of the Product page of the site agree that Nii Jorn Presby.org shall not be held liable whether in contract, pre-contract or other representations, negligence, tort, equity or otherwise, or out of or in connection with the Terms for any damages whatsoever, including but not limited to economic loss, loss of profits or savings (present or anticipated), business interruption, contracts, information loss, loss of goodwill or reputation; and any special, direct, indirect, punitive, incidental or consequential damages arising from the use of the Product page of the site and the Terms.
Every Buyer agrees and accepts that Nii Jorn Presby.org will not be responsible or liable for (a) the loss of content submitted or posted on the Product page of the site; (b) any damage or loss resulting from an action or omission informed by information contained on the Product page of the site; (c) any damage or loss resulting from interfered, interrupted or insecure use of the Product page of the site due to matters beyond our control, including but not limited to internet, system or equipment failures; electrical power blackouts; labour or civil actions; natural disasters or court orders and (d) any Third Party Rights asserted to have been violated by the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Product page of the site or any claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SERVICES PROVIDED BY NII JORN PRESBY.ORG ON OR THROUGH THE PRODUCT PAGE OF THE SITE ARE PROVIDED “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND ALSO, NII JORN PRESBY EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CONDITION, QUALITY, STABILITY, COMPLETENESS, FUNCTIONS, PERFORMANCE, RELIABILITY, FITNESS OR ANY OTHER KIND OF PURPOSE OR BENEFIT OF A PRODUCT OR SERVICE ON OFFER ON THE PRODUCT PAGE OF THE SITE.
Each User, as such, assumes in full, the risks and liabilities associated with the use of the Product page of the site; such risks may include but not be limited to impersonations, false representations, defamation, threats, harassment, obscenity, delay or default in delivery or payment, cost miscalculations, defective or dangerous products, offensive or illicit materials. There is also the risk of injury or harm to consumers arising from their purchase and use of products and services offered for sale on the Product page of the site. Users further have sole responsibility for all of the Terms of the transactions conducted through the Product page of the site, including but not be limited to Terms regarding payment, returns, warranties, insurance, fees, taxes, licenses, fines, permits, handling and delivery.
The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not Nii Jorn Presby.org has been advised of or should have been aware of the possibility of any such losses arising.
We may display some of the information you submit to us on the Product page of the site, but the information displayed is only for the purposes of helping you and other Users of the Product page of the site to satisfy obligations and exercise rights permitted under the Terms.
Nii Jorn Presby.org shall send notices to you by personal delivery, through a postal or courier service, or by email to your last-known correspondence or the email address provided us during your registration and as maintained in our records for Users, or other means specified by us.
Notice shall be deemed to have been received by a User, 24 hours after we can demonstrate that communication, whether in physical or electronic form, has been sent to the User. The User has the responsibility to provide only true, accurate, current and complete contact information and to promptly update such information if changes occur.
Every Seller and Buyer agrees and accepts that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should, if it were in hard copy.
A User will send notices to us using the options for contacting us provided on our Contact Us page.
Nii Jorn Presby.org reserve the right and sole discretion to terminate the Terms of the Product page of the site, any Member Account and User’s access without prior notice for any reason. All Users agree that we will not be held liable for any harm or loss suffered in connection with our action. Users are still to honour outstanding obligations to us or to other Users even after termination of access. Your use of the Product page of the site constitutes your acceptance of this provision in the Terms. You should cease to use the Product page of the site, if you do not agree to any portion of the Terms.
Headings in this Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of provisions in the Terms.
The operations of Nii Jorn Presby.org amounts to the provision of a platform for Buyers to meet, interact, engage and complete transactions. The operations facilitate transactions that occur through the Product page of the site. At no instance does Nii Jorn Presby represent a Buyer in a transaction nor shall its actions be construed to be so.
We reserve the right to determine and alter content, webProduct page of the site design, graphics, software, functionality and all other aspects of the Product page of the site.
Some operations of the Product page of the site may be assigned to affiliates and third parties to execute on behalf of NII JORN PRESBY.ORG. We shall have the right to assign or sub-contract to any person or entity the rights, titles, benefits and obligations under these Terms. You may not assign, in whole or part, the Terms to any person or entity unless with explicit permission.
When an employee of Nii Jorn Presby.org acting in an individual capacity takes part in any transaction, the employee’s use of the Product page of the site shall be subject to this Terms.
We may refuse service to anyone for any reason.
If the action of any User is determined by us to be in breach of this Terms or may create any liability or financial loss to us, we shall have the right to impose sanctions against the User, including but not limited to terminating the User’s access to the Product page of the site.
All Users of the Product page of the site understand and admit that their actions or inactions may be legally actionable. We reserve the right to report any activity believed to be in violation of the law to law enforcement authorities and assist in investigations.
Nii Jorn Presby.org reserves to right to determine the extent to which we will seek remedy for any violations under this Terms or under the law. A decision by us to either partially or not at all pursue remedy for any violation shall not constitute a waiver of that right or a waiver of the right to seek remedies for similar or subsequent breaches.