User
Agreement / Terms & Condition
This
Agreement is a legal document which sets out your rights and
obligations
Use
of bayGH web site and the services we offer constitutes your acceptance of all
terms and conditions stated in the below. User please take a few minutes to read
through and familiarize yourself with our Terms and Conditions
bayGH
reserves the right to change Alter or amend any information or agreement at any
time. Changes or Amendments will be posted to our site an by email considered
effective 28 days from the date they are posted to the site. If you do not agree
to such changes, you may request that we close your account by contacting
us.
1. BayGH serves only as a Venue
BayGH is an
Internet site on which registered users post ads offering merchandise which they
possess and wish to sell in an open auction environment. Registered users may
also bid on or buy such merchandise. At no time does bayGH possess, hold, or
offer any merchandise for sale or auction, nor are we involved in any part of
the actual transaction. BayGH serves only as a venue in which individual sellers
and buyers may engage in transactions between each other.
It
is the sole responsibility of the seller to accurately and truly represent the
quality, quantity, safety, authenticity, and availability of the items the
seller has listed on the site. Furthermore, it is the responsibility of the
buyer/bidder to verify with the seller any or all information about any such
item listed on bayGH.com, for which they intend on placing a bid, before placing
such bids. BayGH cannot be responsible for a seller's willingness or ability to
sell any item they have listed, or a bidders willingness to follow through with
a transaction for an items for which they have placed a bid.
2. Registration / Eligibility
To use our
services, you must be at least 18 years of age and be able to form or enter into
a legally binding contract in accordance with applicable laws. If you are
eligible to use our services, you must complete the Registration process by
providing bayGH with true and correct information as required on the bayGH
registration form. If the information you provide is found to be false or
non-verifiable, we may suspend or terminate your registration and account.
3. Verification of Users
Because of
difficulties involved with verification over the Internet, bayGH is unable to
guarantee that a user is who they may claim to be. If you are uncertain as to
another users identity, we suggest that you contact them. You may also review
any members feedback profile to see what others have said about dealing with
them.
4. Disputes/ Release
We do not review
user's listings and we are not party to the actual transactions between sellers
and buyers. You will not hold bayGH responsible for the actions or inactions of
buyers or sellers involved in transactions (whether such transactions are
carried out on or off bayGH.com) or for ensuring that they actually complete
transactions.
5. Selling on bayGH Online Auctions
By
listing an item(s) for auction/sale on bayGH.com, you are stating that you have
the intention and ability to sell the item(s). You furthermore state that any
item(s) which you are offering for auction/sale does not violate any Ghana laws,
regulations, or guidelines prohibiting the sale or distribution of your items.
Listings
may consist of any one, or a combination of the following:
1.A
picture/image which you supply of your item
2.Infringe
upon any third parties, copyright, patent or trademark rights
3.A
link to a picture (that you own or have rights to link to)
4.Listings
may not contain items or information that:
5.Violate
any Ghana laws that prohibit the sale or distribution of your item.
6.Falsely
advertise, or misrepresent the merchandise being offered for sale.
7.A
detailed and accurate text description of your item
8.Are
sexually explicit in nature, contain or describe sexual acts, pornography,
nudity or child pornography, or would be classified as Adult only
material.
9.By
paying a listing fee or final auction value fee to bayGH, might cause us to
violate any Ghana laws, regulations or guidelines.
10.Sellers
may not engage in the following activity:
11.Using
a secondary User ID to place bids on your own auction for any reason.
12.Soliciting
bidders who have placed bids in an auction being run by another seller offering
an item similar or identical to yours.
13.If
at the close of your auction, a bid has been placed on your auction that meets
or exceeds your stated minimum bid or reserve price, you are obligated and agree
to complete the transaction
with the high bidder(s) as per the terms and
conditions stated in your listing. 14.Listing items which you do not have
possession of at the time of listing unless this information is clearly stated
within the item's description.
15.Listing
an item in which you have a limited quantity available, and have also listed, at
the same time, on another online auction site.
16.If
you are running a Dutch Auction, your items must be identical in size, shape,
color, and description.
6. Placing Bids
By placing a bid on an
items listed on bayGH, you are stating that you have the ability and intention
to purchase the item for the amount of your bid, should the auction end and you
are the highest bidder. In the case of a reserve auction, if your bid meets or
exceeds the seller stated reserve price, and you agree to purchase the item for
the amount of your winning bid.
Before
placing a bid in an auction, you should be certain you understand all terms and
conditions of the sale as indicated by the seller. Placing a bid is considered a
legal, binding contract in Ghana. If you have any questions about an item, or
the seller offering the item, you should ask the seller before placing your bid.
Only
in certain situations would bid withdrawal be acceptable. These situations may
include:
The
seller has made a typographical error in the description of the item.
You
have contacted the seller and received their express permission to withdraw your
bid at any time.
Bidding
in a manner that causes the maximum bid of other bidders to be revealed, then
retract your high bid, and bid again at a lower increment above the true high
bidder.
Placing
bids for the purpose of exposing the sellers reserve price, then retract your
bid and bid again later with a secondary User ID.
Bidders
may not engage in the following activity:
Bidding
on any item that you do not have the intention or means to purchase at the close
of the auction, should your high bid cause you to win the auction. You are
encouraged to ask the seller of an item listed on bayGH, any questions you may
have regarding the sale of, or condition of the item before placing your bid.
By
placing a bid, you further state that the purchase and or delivery of the item
does not violate any Ghana laws, regulations or guidelines regarding the sale or
distribution of such item(s).
7. Personal Information
Personal
information is the information that you provide to bayGH or to other members who
have registerd:
Completing
the registration process.
Listing
an item.
Placing
a bid.
Leaving
feedback comments.
You
are responsible for your personal information. In the event that your
information creates a liability to us that may cause our Internet service
provider, suppliers, agents, or contractors to serve their services to us
because of such liability, we may take appropriate actions regarding such
information.
The
use of your information is explained in our current Privacy Policy.
8. Your Password
You may not disclose,
share, or distribute your password to any third party. If you feel your password
has been jeopardized, you may change your password at any time, and as often as
you wish.
9. Stability
Neither you nor any parties
affiliated with, contracted by, or created by you may take any actions to
interfere with or interrupt, the operation or stability of the bayGH Online
Auctions web site. This includes, but is not limited to, the use of any
software, device, or programming routine that could place excessive loads on our
system or interfere with any listing or auction listed on our website, or any
users account or information.
10. Feedback
BayGH Online Auctions provides
registered users with the ability to leave comments and feedback about their
experiences in dealing with other registered users, through our feedback system.
It is expected that you will use the Feedback system in a manner that upholds
and maintains the integrity of the Feedback System.
The
following actions regarding the use of the Feedback system are prohibited:
Threatening
another user with negative feedback for their refusal to perform actions not
related to your transaction with that user or their failure to agree to terms
and conditions of an auction that were not stated in the original listing.
Leaving
feedback that contains vulgarity or profanity.
Leaving
feedback that discloses another users personally identifiable
information.
Leaving
comments that are negative in nature, through the selection of the Positive
comment option.
In
the event that you violate any of the above Feedback rules or your feedback
rating should reach the status of -3 (negative 3) your registration and account
may be suspended unless bayGH investigate further concerning negative feed
back
11. Privacy
bayGH takes careful steps to
protect and prevent the misuse of the personal and private information you
supply us. You may review our current Privacy Policy.
12. Notice
All notices given between both
parties (You and us (bayGH) ) will be made via email, certified mail, or
registered mail. Notices we send you will be addressed to the email address
which you provided during the registration process or currently have on file in
your account with us. In these instances, unless the party sending the email is
notified that the Recipients email address in not valid, such notices will be
considered given 24 hours from the time the email is sent.
Notices
regarding changes to the terms and conditions may be given by posting such
changes to the site, and will be considered given and effective 28 days No
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this User Agreement days from the time of
such posting.
13. Limitation of Liability - Non
Warranty
No agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by this User
Agreement
14. Indemnification
You agree to indemnify
and hold harmless bayGH, its officers, employees, parent companies,
subsidiaries, contractors, vendors or affiliates, from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the bayGH.com, the violation of this User Agreement by you,
or the infringement by you or any other user of this site using your computer,
of any intellectual property or other right of any person or entity.
15. Legal Responsibility
It is your
responsibility to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service and your bidding on, listing,
purchase and sale of items through our site.
16. No Partnership / Agency
You and bayGH
act as independent contractors. At no time is any partnership, agency, joint
venture, employee-employer or franchiser-franchisee relationship intended or
created by this Agreement.
17. Violation of Terms and Conditions
We may
terminate your account, registration, temporarily or permanently should you
violate any portion of this User Agreement. This includes the termination or
suspension of any auctions you may be running at the time, without refund of any
fees or compensation or liability for loss of business or revenues which you may
claim, as a result of such termination.
18. Disclosure
The services herein are
offered by bayGH ltd. Any Inquiries can be made to the following
address:
19. Use of Personal Data
We will gather,
use and disclose personal, contact and payment data you have registered with us
in accordance with our Privacy Policy. bayGH may use "cookies", or other
technical means, to personalize your experience of bayGH Service,
BayGH Ltd.
PMB.
Accra,
Ghana.
Email: service@bayGH.com
These
Terms of Service shall be governed by and constructed in accordance with the
laws of Ghana.