These terms and conditions (“Terms”, “Agreement”) are an agreement between the XPOBAZAAR (“XPOBAZAAR.com”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the XPOBAZAAR.com website and any of its products or services (collectively, “Website” or “Services”).
DEFINITIONS
“Content” means but is not restricted to; TEXTS, IMAGES, DRAWINGS, GRAPHICS, PHOTOGRAPHS, LOGOS, VIDEOS, AUDIOS, LOCATION DATA, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the website, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Website. “XPOBAZAAR Content” means Content that we create and make available in connection with the Website. “Third Party Content” means Content that originates from parties other than XPOBAZAAR or its users, which is made available in connection with the Website. “Website Content” means all of the Content that is made available in connection with the website, including Your Content, User Content, Third Party Content, and XPOBAZAAR Content.
USING THE WEBSITE
Right or Permission to Use, Sell, Publish Contents on This Website
The Website and its contents are owned or licensed by the website’s owner, Digital Brush. We grant you permission to use the website subject to the restrictions in these Terms. Your use of the website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Trademarks and logos displayed for the businesses represented are the property of their respective owners. They are provided for illustrative and informational purposes only. XPOBAZAAR does not represent any approval, opinion or endorsement for any place of business listed in our directory.
Eligibility and User Accounts
To access or use the website, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of ours or if we have previously banned you from the website or closed your account. You may create an account and provide certain information about yourself in order to use some of the features that are offered through the website. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the website. You may not impersonate someone else (e.g. adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an e-mail address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other websites, or allow other websites to share information about you with XPOBAZAAR.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, regional or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Participation
You may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and log out of your account at the end of each session.
Communications from XPOBAZAAR.com and other users
Users’ dealings or communications through the website with subscribers or businesses and any entity whatsoever are solely between you and such Company, Partnership or entity. By creating an account with XPOBAZAAR.com, you agree to receive our monthly e-mail newsletter about happenings in your neighborhood and certain communications in connection with the website. For example, you might receive compliments messages from other users. You agree that we may also occasionally contact you by phone or e-mail regarding special offers, upgrade options, enhanced listings, etc. Under no circumstances will XPOBAZAAR.com be responsible or liable for any loss, damage, goods, services, resources or content of any sort available through such dealings or communications or as a result of the presence of a listing or advertisement on the Website, or for any harm related thereto.
Notices
Any notices or communications under the Agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the specified address. If to XPOBAZAAR.com, such notices shall be addressed to info@xpobazaar.com and such notices shall be addressed to the electronic mailing address specified in user’s registration form, or such other address as either party may give the other by notice as provided in this section. It is the user’s responsibility to provide an accurate address and to ensure that we are notified of any changes to user’s e-mail address as specified in this section.
General Terms
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
(a) We reserve the right to modify, update, or discontinue the website at our sole discretion, at any time, for any or no reason, and without notice or liability;
(b) we may provide you with notices, including those regarding changes to the Terms by e-mail, regular mail or communications through the website;
(c) except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party;
(d) the Terms contain the entire agreement between you and us regarding the use of the website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms;
(e) any failure on XPOBAZAAR Business Network’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder;
(f) if any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable;
(g) the Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with XPOBAZAAR‘s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void;
(h) the section titles in the Terms are for convenience only and have no legal or contractual effect.
SUBMISSIONS
User agrees as a condition of viewing, that any communication between User and XPOBAZAAR.com is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the website and may be used, without further permission, for commercial use without additional consideration of any kind. User agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.
DISCLAIMER FOR WEBSITE CONTENTS
XPOBAZAAR.com disclaims any responsibility for the accuracy of the content appearing at, linked to on, or mentioned on our Website. The materials appearing on our Website could occasionally include technical, typographical, or photographic errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. Users assume all risk relating to viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with us, you have no right to rely on any information contained herein as accurate. XPOBAZAAR does not warrant that any of the materials on its Website are accurate, complete or current. We may make changes to the materials contained on the Website at any time without notice. However, we do not make any commitment to update the materials and no specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated. We make no such warranty.
ACCOUNTS AND MEMBERSHIP
You must be at least 18 years of age to use this Website. By using this Website and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
BUSINESS LISTING
We strive to build, maintain, and promote a quality business directory and business search engine for local business owners, entrepreneurs, professionals and advertisers. Therefore, we DO NOT ACCEPT the following businesses or websites
(a) gambling, illegal, adult or pornography, unapproved drugs or unlicensed pharmacy, retail tobacco, alcoholic drinks related, multi-level marketing websites or inappropriate;
(b) involve certain gambling and/or gaming activities; related to narcotics, steroids, certain controlled substances;
(c) promote hate, violence, racial intolerance;
(d) related to items that is considered obscene;
(e) infringe or violate any copyright, trademark, right of publicity or privacy;
(f) promote sexually or hard drug oriented materials or services;
(g) related to firearms, firearm parts or accessories, ammunition, weapons or knives;
(h) websites with pop-up windows of any kind;
(i) redirects and/or mirror websites;
(j) websites created specifically for AdSense, banners and links exchanges;
(k) affiliates websites;
(l) ‘Get Rich Quickly’ or ‘Snake Oil’ or ‘How to play poker or gamble’ Websites; and
(m) coming soon or not finished yet websites. If we accept your business listing, we reserve the right to list your business in any category as we deem appropriate, in our sole discretion. We reserve the right not to include any specific keywords in the title or description of your listing. We also reserve the right, in our sole discretion, to remove your listing from the website, move the listing to a different category, and change or remove any keywords at any time, for any reason.
NB: Once a listing is included on XPOBAZAAR.com and user makes any substantial changes to the already approved listing, we reserve the right to review the changes made and decide whether it would be published.
MATERIAL AND CONTENTS
Ownership
As between you and XPOBAZAAR.com, you own Your Content. We own the XPOBAZAAR Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Website Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Website excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the XPOBAZAAR Content and the website, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the XPOBAZAAR Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the XPOBAZAAR Content are retained by us.
Responsibility for Your Content
You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by XPOBAZAAR as you alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may expose yourself to liability if, for example, Your Content contains material that is
(a) false, intentionally misleading, or defamatory;
(b) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(c) contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or
(d) violates or advocates the violation of any law or regulation.
Videos Uploaded
Videos on the business listings pages are the sole ownership of that business and any people in the video should give permission to be used in the video. You agree that any video submitted to us belongs to you or you have permission to submit it, you also agree that we have permission to use it on any of our network of websites, social media and can also upload it to video sharing websites like YouTube, Vimeo for example. You agree to indemnify us from all responsibility and not hold us responsible for displaying your video, and XPOBAZAAR.com is not liable for any omissions of this kind and any complaints need to be taken up with the business owner.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own Websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Website and any Other Media the right to access Your Content in connection with their use of the Website and any Other Media. Finally, you irrevocably waive, and cause to be waived, against XPOBAZAAR and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Other
User Content (including any that may have been created by users employed or contracted by XPOBAZAAR) does not necessarily reflect the opinion of XPOBAZAAR. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
ADVERTISING
XPOBAZAAR and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. If you create a business owner’s account on the website or purchase advertising, the XPOBAZAAR Advertising Agreement will apply. Please review them before you make each purchase since they may change from time to time. In the event of any conflict between the Advertising Agreement and these Terms, the Advertising Agreement will prevail.
BILLING AND PAYMENTS
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after the free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail address, phone number and/or billing address provided at the time the order was made.
REFUND POLICY
We are so convinced you will absolutely love our Services but please be sure to read all available information about a Service before you place your order. Due to the type of the information and services being sold, we unfortunately cannot accept returns of Paid Listings, Ad Campaigns, Display Advertisings, Specialty Advertisings or Custom Advertisings once they have been delivered. All initial payments received are for assessing or setting up listings and advertisings but a full refund will be given in the event that you submit your listing(s) or advertising(s) and it is not set up due to it being rejected or deleted for any reason, and we may collect the following details: NAME, NAME OF LISTING OR ADVERT AND CONTACT INFORMATION INCLUDING E-MAIL ADDRESS AND TELEPHONE NUMBER WITH DEMOGRAPHIC INFORMATION SUCH AS BUSINESS ADDRESS, CITY OR TOWN AND REGION, along with any other information you supply about your listings or advertisings.
USER’S PRIVACY
We maintain information about User on secure servers, including but not limited to User’s registration information. User agrees that XPOBAZAAR.com may use such information in aggregate form for marketing or other promotional purposes. User agrees that
(a) we may disclose such information in the good faith belief that such action is reasonably necessary to comply with the law or legal process;
(b) to enforce this Agreement; or
(c) to protect the rights or interests of XPOBAZAAR.com or others, provided, however, that nothing in this section shall impose a duty on XPOBAZAAR.com to make any such disclosures. We may contact User regarding upgrade options, enhanced listings, etc. using the User’s e-mail address provided during the registration process (or as updated by User), and such e-mail messages may contain opportunities regarding special offers and new products from our advertisers. Please review our Privacy Policy, to which you hereby consent.
How We Use Information
We require this information to
(a) understand your needs and provide you with a better service, and in particular for internal record keeping;
(b) to display in our online business directory;
(c) we may use the information to improve our products and services;
(d) we may periodically send promotional e-mails about new products, special offers or other information which we think you may find interesting using the e-mail address which you have provided. From time to time, we may also use your information to contact you for market research purposes;
(e) we may contact you by e-mail, phone or mail for upgrade options and enhanced listings; and
(f) we may use the information to customize the website according to your interests.
Sharing Your Contact Details
You agree that you grant permission to us to share your contact details with other businesses in our network who may contact you about services or products but only if this is in connection with an enquiry being made by you when registering on XPOBAZAAR.com
Controlling Your Information
You may choose to restrict the collection or use of your business or personal information in the following ways: whenever you are asked to fill in a form on the Website, look for the box that indicates you agree to our Terms & Conditions and Privacy Policy – if not, do not submit the form. If you have previously agreed to us using your personal or business information for direct marketing purposes, you may change your mind at any time by writing to us via our Contact Us page. We may occasionally pass on your business and personal information to third parties and also if required by law. We may also use your company or personal information to send you promotional information about third parties which we think you may find interesting. You may request details of personal information which we hold about you. If you would like a copy of the information held on you please write to XPOBAZAAR, Manjai Kunda, KM, The Gambia. If you believe that any information, we are holding on you is incorrect or incomplete, please write to us via our Contact Us page as soon as possible, or to the above address. We will promptly delete or correct any information found to be incorrect.
Termination
We may close your account, suspend your ability to use certain portions of the website, and/or ban you altogether from the website for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the website, your content, website content, or any other related information. If you wish to discontinue participation in the XPOBAZAAR.com business listing and advertising program at any time, you may use the tools provided in the user dashboard and please note that your participation in the XPOBAZAAR.com business listing and advertising program will cease and your listing(s) and/or advert(s) will be removed, and you agree that we will not be required to refund any portion of such fee. Please review our Privacy Policy for information about what we do with your account when terminated.
GUIDELINES AND POLICIES
Content Guidelines
Please see our Content Guidelines for information about events listed on or linked to on the Website. You represent that you have read and understood our Content Guidelines.
Review Guidelines
Please see our Review Guidelines for information about events listed on or linked to on the Website. You represent that you have read and understood our Review Guidelines.
Privacy Policy
You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to
(i) take action regarding suspected illegal activities;
(ii) enforce or apply our Terms and Privacy Policy;
(iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Website outside of The Gambia, you consent to having your personal data transferred to and processed in The Gambia.
Events and Advertisers
Please see our Events Terms and Conditions (for information about events listed on or linked to the Website) and Advertising Terms and Conditions (for information about banner advertisements on the Website). You represent that you have read and understood them.
Copyright and Trademark Disputes
Please see our Infringement Policy for information about copyright and trademark disputes.
SECURITY AND BACKUPS
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure if you no longer want your details made publicly available, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS
We assume no responsibility for damage to computers or software of the User or any person the User subsequently communicates with from corrupting code or data that is inadvertently passed to the User’s computer. Again, User views and interacts with this Website, or banners or pop-ups or advertising displayed thereon, at his or her own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Users may download images, invoices, printable coupons, vouchers or special advertised offers from this Website at their own risk. XPOBAZAAR.com makes no warranty or guarantee that any of these downloads are free of corrupting computer codes, including, but not limited to, viruses, worms or hidden tracking devices.
COOKIES
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added, and the cookie helps analyze web traffic or lets you know when you visit a particular Website. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better Website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website. Please review our Cookie Policy, to which you hereby consent.
THIRD PARTIES AND EXTERNAL LINKS
Our Website contains links to other Websites or applications of interest (each, a “Third Party Website”), and we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. However, once you have used these links to leave our Website, you should note that we do not have any control over and we are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the contents, privacy policies, or practices of any third party Websites or services. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such Websites and such Websites are not governed by these Terms. You should exercise caution and look at the privacy statement applicable to the Websites in question. You further acknowledge and agree that XPOBAZAAR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Websites or services. The inclusion of any link does not imply endorsement by XPOBAZAAR.com of the Website and use of any such linked Website is at the User’s own risk. We strongly advise you to read the terms and conditions and privacy policies of any third-party Websites or services that you visit.
INTELLECTUAL PROPERTY RIGHTS
This Agreement does not transfer to you any intellectual property owned by the XPOBAZAAR or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the XPOBAZAAR. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of XPOBAZAAR or XPOBAZAAR licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any XPOBAZAAR or third-party trademarks.
DISCLAIMER OF WARRANTY
You agree that your use of our Website or Services is solely at your own risk. You agree that such Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event will XPOBAZAAR, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if XPOBAZAAR.com has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of XPOBAZAAR and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one Naira or any amounts actually paid in cash by you to XPOBAZAAR.com for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
FORCE MAJEURE
XPOBAZAAR.com is not liable for any delay or failure in performance under the Agreement resulting directly or indirectly from acts of God and you agree not to hold us liable for any damages related to issues beyond our control, including but not limited to war, terrorism, insurrection, riots, criminal activity, natural disasters, disruption of communications or infrastructure, labor shortages or disruptions (including unlawful strikes), shortages of materials, and any other causes or events which are not within our control.
INDEMNIFICATION
You agree to indemnify and hold XPOBAZAAR and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
DISPUTE RESOLUTION
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of The Gambia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of The Gambia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the Kanifing Municipality, The Gambia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain the confidential or proprietary information of third parties.
(b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback.
(c) we may have something similar to the Feedback already under consideration or in development, and
(d) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against XPOBAZAAR and its users any claims and assertions of any moral rights contained in such Feedback.
CHANGES AND AMENDMENTS
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
ENTIRE AGREEMENT
This Agreement make up and constitutes the whole agreement between you and us with respect to how you use the Website and supersedes all previous proposals, both oral and written, representations, writings and all other communications between the parties with respect to such subject matter. If a court decides that a condition is not valid, the rest of the conditions will still apply.
ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.
Last Updated on the 13th July, 2022.