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12 Mar. 2010
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Terms and Conditions
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 familiarise 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 Web Marketplace 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 UserID 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
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