Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to www.ifairbay.com! These Terms of Use expound the terms and conditions applicatory to your access and use of the websites at www.ifairbay.com is provided by iFairBay Ltd as a service to our customers. The security of usage of this site and services is very important to us to ensuring a more convenient and a safe place to commerce. We will not sell or loan your personal information to a third party under any circumstances. We will work hard to protect the security and privacy of any personal information you provide to us and will only use such information as we have described herein. This document is a legally binding agreement entered into between you (referred to as “you”, “your” or “User” hereinafter) as a registered user of the site and between Ghehub.com entity (referred to as “we”, “our” or “iFairBay” hereinafter).

1.Application and Acceptance of the Terms

  1.  
  • Your employment of the Site ifairbay.com services, software and products (collectively as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, the Product Listing Policy and any other rules and policies of the Site that iFairBay may issue from time to time. This document and such other rules and policies of the Site is conjointly referred to beneath as the “Terms”. And by accessing the Site or using the Services, you concur to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms.
  • You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with iFairBay, or (b) you are not permitted to receive any Services under the laws of your country or other countries or region in which you are resident or from which you use the Services.
  • You acknowledge and agree that iFairBay may revise any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services of the Site, you agree that the revised Terms will apply to you.
  • If iFairBay Ltd has posted or provided a translation of the English language version of the Terms, you agree that the version is provided for convenience only and that the English language translation will regularise your uses of the Services of the Site.
  • You may be required to enter into a separate agreement, whether online or offline, with iFairBay Ltd or our affiliate for any Service (“Additional Agreements”). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.
  • The Terms may not otherwise be modified except in writing by an authorised officer of iFairBay Ltd
  1. Provision of Services
    • You must register as a member on the Site in order to access and use some Services. Further, iFairBay Ltd reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that iFairBay Ltd may impose in our discretion.
    • Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. iFairBay Ltd may in our exclusive discretion limit, deny or create different level of access to and use of any Services (or any features within the Services) with respect to different Users.
    • iFairBay Ltd may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.
    • iFairBay Ltd does not till future arrangement, provide or contact any delivery/shipping services. Such provisions or contracts is to be made by individual merchants or vendors or sellers or shops to deliver purchased items to buyers.
  2. Users Generally
    • As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.
    • You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the Site (the “Site Content”)
    • iFairBay Ltd may allow Users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties’ web sites. You are cautioned to read such web sites’ terms and conditions and/or privacy policies before using the Sites. You acknowledge that iFairBay Ltd has no control over such third parties’ web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
    • You agree not to undertake any action to undermine the integrity of the computer systems or networks of iFairBay Ltd and/or any other User nor to gain unauthorised access to such computer systems or networks.
    • You agree not to undertake any action which may undermine the integrity of iFairBay Ltd feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.
  3. Vendors Accounts
    • User must be registered on the Sites to access or use some Services (a registered User is also referred to as a “Vendor” below). Except with iFairBay Ltd’s approval, one User may only register one-vendor account on the Sites. iFairBay Ltd may cancel or terminate a User’s vendor account if iFairBay Ltd has reasons to suspect that the User has concurrently registered or controlled two or more vendor accounts. Further, iFairBay Ltd may reject User’s application for registration for any reason.
    • Upon registration on the Sites, iFairBay Ltd shall assign an account and issue a Vendor ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have email account with storage space for the Vendorr to send or receive emails.
    • A set of Vendor ID and password is unique to a single account. Each Vendor shall be solely responsible for maintaining the confidentiality and security of your Vendor ID and password and for all activities that occur under your account. No Vendor may share, assign, or permit the use of your Vendor account, ID or password by another person outside of the Vendor’s own business entity. Vendor agrees to notify iFairBay Ltd immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.
    • Vendor agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorised by the Vendor.
    • Vendor acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple use“), may cause irreparable harm to iFairBay Ltd or other Users of the Sites. Vendor shall indemnify iFairBay Ltd, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Vendor also agrees that in case of the multiple use of your account or Vendor’s failure to maintain the security of your account, iFairBay Ltd shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Vendor’s account without liability to Vendor.
  4. Vendor’s Responsibilities
    • Each Vendor represents, warrants and agrees that
  1. you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder;
  2. (b) you use the Site and Services for business purposes only; and
  3. (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.
  • Vendor will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the member account. Each Vendor represents, warrants and agrees that
  1. such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and
  2. (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
  • Upon becoming a Vendor, you consent to the inclusion of the contact information about you in our Buyer Database and authorise iFairBay Ltd and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.
  • Each Vendor represents, warrants and agrees that
  1. you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display;
  2. any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
  3. you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and
  4. you and your affiliates are not the subject of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.
  • Each Vendor further represents, warrants and agrees that the User Content that you submit, post or display shall:
  1. be true, accurate, complete and lawful;
  2. not be false, misleading or deceptive;
  3. not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  4. not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
  6. not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
  7. not contain any link directly or indirectly to any other web Sites which includes any content that may violate the Terms.
    • Each Vendor further represents, warrants and agrees that you shall:
  8. carry on your activities on the Site in compliance with any applicable laws and regulations;
  9. conduct your business transactions with other users of the Sites in good faith;
  10. carry on your activities in accordance with the Terms and any applicable Additional Agreements;
  11. not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
  12. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  13. not engage in spamming or phishing;
  14. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc) or encourage or abet any unlawful activities;
  15. not involve attempts to copy, reproduce, exploit or expropriate iFairBay Ltd’s various proprietary directories, databases and listings;
  16. not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  17. not involve any scheme to undermine the integrity of the data, systems or networks used by Ghehub.com and/or any user of the Sites or gain unauthorized access to such data, systems or networks;
  18. not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
  19. not engage in any activities that would otherwise create any liability for iFairBay Ltd or our affiliates.
    • Vendor may not use the Services and Vendor account to engage in activities which are identical or similar to iFairBay Ltd’s e-commerce marketplace business.
    • If Vendor provides a business referee, Vendor represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to
  20. act as your business referee;
  21. post and publish their contact details and information, reference letters and comments on their behalf; and
  22. that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate, and third parties may contact the business referees without the need to obtain your consent.

 

5.9 Vendor agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for iFairBay Ltd’s provision of the Services, evaluating whether Vendor has breached the Terms and/or handling any complaint against the Vendor. If Vendor’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, iFairBay Ltd shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

5.10 Vendor acknowledges and agrees that iFairBay Ltd shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. iFairBay Ltd does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Vendor. Each Vendor is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
5.11 Vendor acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
5.12 Vendor acknowledges and agrees that each Vendor is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same.

  1. Breaches by Vendor

    1. iFairBay Ltd reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject iFairBay Ltd or our affiliates to liability, or is otherwise found inappropriate in iFairBay Ltd’s opinion.

6.2 If any Vendor breaches any Terms, or if iFairBay Ltd has reasonable grounds to believe that a Vendor is in breach of any Terms, iFairBay Ltd shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

  1. suspending or terminating the Vendor’s account and any and all accounts determined to be related to such account by iFairBay Ltd in its discretion;
  2. restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service;
  • removing any product listings or other User Content that the Vendor has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display;
  1. imposing other restrictions on the Vendor’s use of any features or functions of any Service as iFairBay Ltd may consider appropriate in its sole discretion; and
  2. any other corrective actions, discipline or penalties as iFairBay Ltd may deem necessary or appropriate in its sole discretion.

 

6.3 Without limiting the generality of the provisions of the Terms, a Vendors would be considered as being in breach of the Terms in any of the following circumstances:

  1. upon complaint or claim from any third party, iFairBay Ltd has reasonable grounds to believe that such Vendor has willfully or materially failed to perform your contract with such third party including without limitation where the Vendor has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Vendor has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party,
    b) iFairBay Ltd has reasonable grounds to suspect that such Vendor has used a stolen credit card or other false or misleading information in any transaction with a counter party,
  2. iFairBay Ltd has reasonable grounds to suspect that any information provided by the Vendor is not current or complete or is untrue, inaccurate, or misleading, or
  3. iFairBay Ltd believes that the Vendor’s actions may cause financial loss or legal liability to iFairBay Ltd or our affiliates or any other Users.

 

6.4 iFairBay Ltd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, iFairBay Ltd may disclose the Vendor’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. iFairBay Ltd shall not be liable for damages or results arising from such disclosure, and Vendor agrees not to bring any action or claim against iFairBay Ltd for such disclosure.

 

6.5 If a Vendor is in breach of the Terms, iFairBay Ltd also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.

 

6.6 iFairBay Ltd may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Vendor’s use of any Service or the Sites without being liable to the Vendor if iFairBay Ltd has received notice that the Vendor is in breach of any agreement. iFairBay Ltd shall have the right to publish the records of such breach on the Site. iFairBay Ltd shall not be required to investigate such breach or request confirmation from the Vendor.

 

6.7 Each Vendor agrees to indemnify iFairBay Ltd, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.

6.8 Each Vendor further agrees that iFairBay Ltd is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Vendor. iFairBay Ltd reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the Vendor, in which event the Vendor shall cooperate with iFairBay Ltd in asserting any available defences.

  1. Transactions Between Vendors (Sellers) and Sellers

7.1 Through the Site, iFairBay Ltd provides electronic web-based platforms for exchanging information between s and sellers of products and services. iFairBay Ltd additionally provides electronic web-based transaction platforms for Vendors to place, accept, conclude, manage and fulfil orders for the provision of products and services online within the Site subject to the terms of the iFairBay Ltd. However, for any Services, iFairBay Ltd does not represent either the Vendor /seller or the buyer in specific transactions. iFairBay Ltd does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.

7.2 Seller and Buyer. For the purpose of this Agreement, the term “Seller” means the registered Vendor who supplies the product(s) or service(s) under an Online Transaction, and the term “Buyer” means the registered member who purchases or acquires the product(s) or service(s) under an Online Transaction.

7.3 Online Order. Seller and Buyer shall enter into an Online Transaction for products or services by completing, submitting and accepting an order online using the applicable standard order form on the iFairBay Ltd Site. Seller and Buyer yourselves shall be responsible for ensuring that you have agreed to, and specified, all the relevant terms and conditions for the products or services in the relevant online order form, including but not limited to the pricing, quantity, specifications, quality standards, inspection, shipping etc. iFairBay Ltd may refuse to process or cancel any Online Transaction which in iFairBay Ltd’s reasonable opinion, has insufficient information to constitute a binding contract.

7.4 Online Transactions Subject to This Agreement. An Online Transaction is additionally subject to the applicable terms and conditions set forth in this Agreement and the Transactional Terms. Seller and Buyer shall complete the Online Transaction according to the terms of the online order, the relevant Transactional Terms and this Agreement. Seller or Buyer may only cancel any Online Transaction according to the relevant Transactional Terms.

7.5 Transaction between Seller and Buyer Only. Each Online Transaction is made by and between a Seller and a Buyer only. Despite that iFairBay Ltd provides the Transaction Services and, if applicable, may conduct formality review of an Online Transaction, iFairBay Ltd shall not be considered as a party to the Online Transaction. iFairBay Ltd does not represent Seller or Buyer in any Online Transaction. iFairBay Ltd will not be responsible for the quality, safety, lawfulness or availability of the products or services offered under any Online Transaction or the ability of either Seller or Buyer to complete any Online Transaction. You agree that you will not hold iFairBay Ltd and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any Online Transactions, including any breach, partial performance or non-performance of the Online Transaction by the other party to the transaction.

7.6 Payment of Contract Price: For any Online Transaction, Buyer agrees to pay the full transaction price listed for Online Transaction to the Vendor through the website or services of iFairBay Ltd. The funds are received for the Vendor by iFairBay Ltd. Vendor agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to iFairBay Ltd (as the case may be) constitutes final payment to Vendor and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by Slypay, Ipay, Mobile Money Transfer or iFairBay Ltd’s Bank account.

7.7 Payment Methods: Please note that the payment methods available on the iFairBay Ltd Site may be provided by iFairBay Ltd’s partners ( Third Party Consultants) or Deposit to our Bank Account. If there is any chargeback or reversal of any payment requested by a payment service partner, Vendor  agrees that iFairBay Ltd has the right to refund the money so requested by the payment service partner without liability to Seller. iFairBay Ltd will use reasonable efforts to assist you in participating in the dispute resolution process of the relevant payment service partners. However, if the participation in the dispute resolution process is subject to additional fees, this will be at your own cost only.

7.8 Third Party Vendors: You may engage one or more third party vendors for the purpose of completing and fulfilling an Online Transaction such as the warehousing and logistic service companies, shipping agents, inspection agents, insurance companies, etc. Some of such third-party vendors may be partners of iFairBay Ltd and thus designated by iFairBay Ltd to you. Among such designated partners, you may be required to agree and accept the terms and conditions of their services online within the iFairBay Ltd Site. Notwithstanding the foregoing circumstances, for all third-party vendors, you acknowledge and agree that such third-party vendors are engaged at your own discretion and cost and that you will not hold iFairBay Ltd and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from the services of such third party vendors.

7.10 Third Party Fees Not Included: The service fees charged by iFairBay Ltd do not include any fees for any service or product that you may acquire or purchase in connection with the Online Transaction. It shall be your responsibility to settle the fees with such third-party vendors.

7.11 Taxes, Financial Charges Not Included: All fees charged by iFairBay Ltd are exclusive of any taxes, duties or other governmental levies or any financial charges. You agree to pay and be responsible for any taxes, duties, levies or charges for the use of the Transaction Services in addition to our service fees. In the event iFairBay Ltd is required by any applicable law to collect or withhold any taxes or duties, you agree to pay such taxes or duties to iFairBay Ltd. You will also be liable for any financial charges for remission of funds to you, and iFairBay Ltd shall have the right to pay such charges from such funds. iFairBay Ltd shall have the right to deduct any financial charges incurred as a result of providing the Transaction Services and the party receiving the funds will bear the costs of such Mobile Money Transfer or bank charges.

7.12 Vendor’s Responsibilities: Provision of Information and Assistance. You agree to give all notices, provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for the completion of the Online Transactions and iFairBay Ltd’s provision of the Transaction Services. If your failure to do so results in delay in the provision of any Transaction Service, cancellation of any Online Transaction, or disposal of any funds, iFairBay Ltd shall not be liable for any loss or damages arising from such default.

7.13 Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. iFairBay Ltd uses several techniques to verify the accuracy of certain information our paying Users provide us when they register for a paying membership service on the Sites. However, because user verification on the Internet is difficult, iFairBay Ltd cannot and does not confirm each User’s purported identity (including, without limitation, paying Vendors). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.

 

7.14 Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, miss-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miss-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defend or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Sites as a result of purchase and sale transactions in connection with using the Sites may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as “Transaction Risks”. Each User agrees that iFairBay Ltd shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

7.15 Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Sites or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

7.16 User agrees to provide all information and materials as may be reasonably required by iFairBay Ltd in connection with your transactions conducted on, through or as a result of use of the Sites or Services. iFairBay Ltd  has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
7.6 In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify iFairBay Ltd (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

  1. Limitation of Liability

    1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY IFAIRBAY.COM ON OR THROUGH THE SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND IFAIRBAY.COM HEREBY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
      8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALIBABA.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; ALIBABA.COM DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND GHEHUB.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

8.3 Any material downloaded or otherwise obtained through the Site is done at each User’s sole discretion and risk and each User is solely responsible for any damage to iFairBay Ltd’s computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from iFairBay Ltd or through or from the Site shall create any warranty not expressly stated herein.

 

8.4 The Site may make available to User services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall iFairBay Ltd be held liable for any such services or products.

 

8.5 Each User hereby agrees to indemnify and save iFairBay Ltd, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User’s use of the Site or Services (including but not limited to the display of such User’s information on the Sites) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save iFairBay Ltd, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User’s breach of any representations and warranties made by User to iFairBay Ltd, including but not limited to those set forth in Section 5 hereunder.

 

8.6 Each User hereby further agrees to indemnify and save iFairBay Ltd, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Sites. Each User hereby further agrees that iFairBay Ltd is not responsible and shall have no liability to you, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. iFairBay Ltd reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with iFairBay Ltd in asserting any available defenses.

 

8.7 iFairBay Ltd shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.

  1. the use or the inability to use the Site or Services;
  2. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Sites;
  3. violation of Third Party Rights or claims or demands that User’s manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Sites may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  4. unauthorised access by third parties to data or private information of any User;
  5. statements or conduct of any User of the Sites; or;
  6. any matters relating to Services however arising, including negligence.

 

8.8 Notwithstanding any of the foregoing provisions, the aggregate liability of iFairBay Ltd, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of

  1. the amount of fees the User has paid to iFairBay Ltd or our affiliates during the calendar year and
  2. the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Term of Use.

 

8.9 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 iFairBay Ltd has been advised of or should have been aware of the possibility of any such losses arising.

  1. Force Majeure

    1. Under no circumstances shall iFairBay Ltd be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
  1. Intellectual Property Rights

10.1 iFairBay Ltd is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with iFairBay Ltd, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by iFairBay Ltd are hereby reserved.

 

 

Introduction

Welcome to www.fairbay.com (the “Site”), owned and operated by iFairBay Company Limited. By accessing ifairbay.com you agree to the following Terms of Use. These Terms of Use are effective as of August 1, 2018.

Using ifairbay.com

You accept ifairbay.com “as-is” and choose to use it at your own risk. Despite the prohibitions below, ifairbay.com may contain inaccurate, inappropriate or possibly offensive material, and we assume no responsibility or liability for such material.

Abusing ifairbay.com

We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off ifairbay.com if we think they are creating problems or acting inconsistently with the letter or spirit of our policies. Please report problems, offensive content and policy violations by emailing us at admin@ifairbay.com.

Liability

To the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ifairbay.com even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to two hundred Ghana Cedis (GHC 200).

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Personal Information

By using ifairbay.com, you agree to the collection, transfer, storage and use of your personal information by ifairbay.com Ltd on servers located outside Ghana, as further described in our privacy policy.

General

These terms and the other policies posted on ifairbay.com constitute the entire agreement between ifairbay.com and you, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the Republic of Ghana as they apply to agreements entered into and to be performed entirely within Ghanaian residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against ifairbay.com must be resolved by a court located in Ghana. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for reporting policy violations and intellectual property infringements, any legal notices from you to us shall be served on ifairbay.com Ltd registered agent. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by users and by us.