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THE AGREEMENT:
The use of this website and services on this website provided by Veeli African
Goddess (hereinafter referred to as "Company") are subject to the
following Terms & Conditions (hereinafter the "Agreement"), all
parts and sub-parts of which are specifically incorporated by reference here.
This Agreement shall govern the use of all pages on this website (hereinafter
collectively referred to as "Website") and any services provided by
or on this Website ("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined
as follows:
a) Company, Us, We: The Company, as the
creator, operator, and publisher of the Website, makes the Website, and certain
Services on it, available to users. Veeli African Goddess, Company, Us, We,
Our, Ours and other first-person pronouns will refer to the Company, as well as
all employees and affiliates of the Company.
b) You, the User, the Client: You, as the
user of the Website, will be referred to throughout this Agreement with
second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to
this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and
reviewed this Agreement and that You agree to be bound by it. If You do not
agree to be bound by this Agreement, please leave the Website immediately. The
Company only agrees to provide use of this Website and Services to You if You
assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a
result of Your use of the Website or Services. Such information may include,
but is not limited to, documentation, data, or information developed by the
Company, and other materials which may assist in Your use of the Website or
Services ("Company Materials"). Subject to this Agreement, the
Company grants You a non-exclusive, limited, non-transferable and revocable
license to use the Company Materials solely in connection with Your use of the
Website and Services. The Company Materials may not be used for any other
purpose, and this license terminates upon Your cessation of use of the Website
or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the
Company are the property of the Company, including all copyrights, trademarks,
trade secrets, patents, and other intellectual property ("Company
IP"). You agree that the Company owns all right, title and interest in and
to the Company IP and that You will not use the Company IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Company IP in
any way, including electronically or via registration of any new trademarks,
trade names, service marks or Uniform Resource Locators (URLs), without express
written permission from the Company.
a) In order to make the Website and
Services available to You, You hereby grant the Company a royalty-free,
non-exclusive, worldwide license to copy, display, use, broadcast, transmit and
make derivative works of any content You publish, upload, or otherwise make
available to the Website ("Your Content"). The Company claims no
further proprietary rights in Your Content.
b) If You feel that any of Your
intellectual property rights have been infringed or otherwise violated by the
posting of information or media by another of Our users, please contact Us and
let Us know.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to
register with Us. When You do so, You will choose a user identifier, which may
be Your email address or another term, as well as a password. You may also
provide personal information, including, but not limited to, Your name. You are
responsible for ensuring the accuracy of this information. This identifying
information will enable You to use the Website and Services. You must not share
such identifying information with any third party, and if You discover that
Your identifying information has been compromised, You agree to notify Us
immediately in writing. Email notification will suffice. You are responsible
for maintaining the safety and security of Your identifying information as well
as keeping Us apprised of any changes to Your identifying information.
Providing false or inaccurate information, or using the Website or Services to
further fraud or unlawful activity is grounds for immediate termination of this
Agreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any
unlawful purpose or any purpose prohibited under this clause. You agree not to
use the Website or Services in any way that could damage the Website, Services,
or general business of the Company.
a) You further agree not to use the
Website or Services:
I) To harass, abuse, or threaten others or
otherwise violate any person's legal rights;
II) To violate any intellectual property
rights of the Company or any third party;
III) To upload or otherwise disseminate
any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful
gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene
or defamatory material;
VII) To publish or distribute any material
that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information
about others.
7) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage
in affiliate marketing whereby the Company receives a commission on or
percentage of the sale of goods or services on or through the Website. The
Company may also accept advertising and sponsorships from commercial businesses
or receive other forms of advertising compensation. This disclosure is intended
to comply with the US Federal Trade Commission Rules on marketing and
advertising, as well as any other legal requirements which may apply.
8) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may
provide Us with certain information. By using the Website or the Services, You
authorize the Company to use Your information in the United States and any
other country where We may operate.
a) Information We May Collect or Receive:
When You register for an account, You provide Us with a valid email address and
may provide Us with additional information, such as Your name or billing
information. Depending on how You use Our Website or Services, We may also
receive information from external applications that You use to access Our
Website, or We may receive information through various web technologies, such
as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the
information gathered from You to ensure Your continued good experience on Our
website, including through email communication. We may also track certain
aspects of the passive information received to improve Our marketing and
analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information:
If You would like to disable Our access to any passive information We receive
from the use of various technologies, You may choose to disable cookies in Your
web browser. Please be aware that the Company will still receive information
about You that You have provided, such as Your email address. If You choose to
terminate Your account, the Company will store information about You for the
following number of days: 90. After that time, it will be deleted.
9) ASSUMPTION OF RISK
The Website and Services are provided for communication
purposes only. You acknowledge and agree that any information posted on Our
Website is not intended to be legal advice, medical advice, or financial
advice, and no fiduciary relationship has been created between You and the
Company. You further agree that Your purchase of any of the products on the
Website is at Your own risk. The Company does not assume responsibility or
liability for any advice or other information given on the Website.
10) SALES
The Company may sell goods or services or allow third
parties to sell goods or services on the Website. The Company undertakes to be
as accurate as possible with all information regarding the goods and services,
including product descriptions and images. However, the Company does not
guarantee the accuracy or reliability of any product information, and You
acknowledge and agree that You purchase such products at Your own risk. For
goods or services sold by others, the Company assumes no liability for any
product and cannot make any warranties about the merchantability, fitness,
quality, safety or legality of these products. For any claim You may have
against the manufacturer or seller of the product, You agree to pursue that
claim directly with the manufacturer or seller and not with the Company. You
hereby release the Company from any claims related to goods or services
manufactured or sold by third parties, including any and all warranty or
product liability claims.
11) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase
from Us, and You acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid email and
shipping address, as well as valid billing information. We reserve the right to
reject or cancel an order for any reason, including errors or omissions in the
information that You provide to us. If We do so after payment has been
processed, We will issue a refund to You in the amount of the purchase price.
We also may request additional information from You prior to confirming a sale,
and We reserve the right to place any additional restrictions on the sale of
any of Our products. You agree to ensure payment for any items You may purchase
from Us, and You acknowledge and affirm that prices are subject to change. For
the sale of physical products, We may preauthorize Your credit or debit card at
the time You place the order, or We may simply charge Your card upon shipment.
You agree to monitor Your method of payment. Shipment costs and dates are
subject to change from the costs and dates that You are quoted due to
unforeseen circumstances. For any questions, concerns, or disputes, You agree
to contact Us in a timely manner at the following: info@veelionline.com.
12) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse
engineer or disassemble any code or software from or on the Website or
Services;
b) Violate the security of the Website or
Services through any unauthorized access, circumvention of encryption or other
security tools, data mining or interference to any host, user or network.
13) DATA LOSS
The Company does not accept responsibility for the security
of Your account or content. You agree that Your use of the Website or Services
is at Your own risk.
14) INDEMNIFICATION
You agree to defend and indemnify the Company and any of
its affiliates (if applicable) and hold Us harmless against any and all legal
claims and demands, including reasonable attorney's fees, which may arise from
or relate to Your use or misuse of the Website or Services, Your breach of this
Agreement, or Your conduct or actions. You agree that the Company shall be able
to select its own legal counsel and may participate in its own defense, if the
Company wishes.
15) SPAM POLICY
You are strictly prohibited from using the Website or any
of the Company's Services for illegal spam activities, including gathering
email addresses and personal information from others or sending any mass
commercial emails.
16) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party
websites or other services. You agree that the Company is not responsible or
liable for any loss or damage caused as a result of Your use of any third party
services linked to from Our Website.
17) MODIFICATION & VARIATION
The Company may, from time to time and at any time without
notice to You, modify this Agreement. You agree that the Company has the right
to modify this Agreement or revise anything contained herein. You further agree
that all modifications to this Agreement are in full force and effect
immediately upon posting on the Website and that modifications or variations
will replace any prior version of this Agreement, unless prior versions are
specifically referred to or incorporated into the latest modification or
variation of this Agreement.
a) To the extent any part or sub-part of
this Agreement is held ineffective or invalid by any court of law, You agree
that the prior, effective version of this Agreement shall be considered
enforceable and valid to the fullest extent.
b) You agree to routinely monitor this
Agreement and refer to the Effective Date posted at the top of this Agreement
to note modifications or variations. You further agree to clear Your cache when
doing so to avoid accessing a prior version of this Agreement. You agree that
Your continued use of the Website after any modifications to this Agreement is
a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor
any modifications to or variations of this Agreement, You agree that such
failure shall be considered an affirmative waiver of Your right to review the
modified Agreement.
18) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between
the Parties with respect to any and all use of this Website. This Agreement
supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
19) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the
Website to perform maintenance or emergency services on a scheduled or
unscheduled basis. You agree that Your access to the Website may be affected by
unanticipated or unscheduled downtime, for any reason, but that the Company
shall have no liability for any damage or loss caused as a result of such
downtime.
20) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any
time for any reason, with or without cause. The Company specifically reserves
the right to terminate this Agreement if You violate any of the terms outlined
herein, including, but not limited to, violating the intellectual property
rights of the Company or a third party, failing to comply with applicable laws
or other legal obligations, and/or publishing or distributing illegal material.
If You have registered for an account with Us, You may also terminate this
Agreement at any time by contacting Us and requesting termination. At the
termination of this Agreement, any provisions that would be expected to survive
termination by their nature shall remain in full force and effect.
21) NO WARRANTIES
You agree that Your use of the Website and Services is at
Your sole and exclusive risk and that any Services provided by Us are on an
"As Is" basis. The Company hereby expressly disclaims any and all
express or implied warranties of any kind, including, but not limited to the
implied warranty of fitness for a particular purpose and the implied warranty
of merchantability. The Company makes no warranties that the Website or
Services will meet Your needs or that the Website or Services will be
uninterrupted, error-free, or secure. The Company also makes no warranties as
to the reliability or accuracy of any information on the Website or obtained
through the Services. You agree that any damage that may occur to You, through
Your computer system, or as a result of loss of Your data from Your use of the
Website or Services is Your sole responsibility and that the Company is not
liable for any such damage or loss.
22) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to
You as a result of Your use of the Website or Services, to the fullest extent
permitted by law. The maximum liability of the Company arising from or relating
to this Agreement is limited to the greater of one hundred ($100) US Dollars or
the amount You paid to the Company in the last six (6) months. This section
applies to any and all claims by You, including, but not limited to, lost
profits or revenues, consequential or punitive damages, negligence, strict
liability, fraud, or torts of any kind.
23) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given
pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the
Website or Services, You agree that the laws of the State Ghana shall
govern any matter or dispute relating to or arising out of this Agreement, as
well as any dispute of any kind that may arise between You and the Company, with
the exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to
submit to the personal jurisdiction of the state and federal courts of the
following Locality: Greater Accra Region, Ghana. The Parties agree that this choice of law,
venue, and jurisdiction provision is not permissive, but rather mandatory in
nature. You hereby waive the right to any objection of venue, including
assertion of the doctrine of forum non convenient or similar doctrine.
c) ARBITRATION: In case of a dispute between
the Parties relating to or arising out of this Agreement, the Parties shall
first attempt to resolve the dispute personally and in good faith. If these
personal resolution attempts fail, the Parties shall then submit the dispute to
binding arbitration. The arbitration shall be conducted in the following country Ghana. The arbitration shall be conducted by a single arbitrator,
and such arbitrator shall have no authority to add Parties, vary the provisions
of this Agreement, award punitive damages, or certify a class. The arbitrator
shall be bound by applicable and governing Federal law as well as the law of: Ghana. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not
limited to: contract claims, tort claims, claims based on Federal and state
law, and claims based on local laws, ordinances, statutes or regulations. Intellectual
property claims by the Company will not be subject to arbitration and may, as
an exception to this sub-part, be litigated. The Parties, in agreement with
this sub-part of this Agreement, waive any rights they may have to a jury trial
in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the
rights granted hereunder, may not be assigned, sold, leased or otherwise
transferred in whole or part by You. Should this Agreement, or the rights
granted hereunder, by assigned, sold, leased or otherwise transferred by the
Company, the rights and liabilities of the Company will bind and inure to any
assignees, administrators, successors, and executors.
e) SEVERABILITY: If any part or sub-part of
this Agreement is held invalid or unenforceable by a court of law or competent
arbitrator, the remaining parts and sub-parts will be enforced to the maximum
extent possible. In such condition, the remainder of this Agreement shall
continue in full force.
f) NO WAIVER: In the event that We fail to enforce any
provision of this Agreement, this shall not constitute a waiver of any future
enforcement of that provision or of any other provision. Waiver of any part or
sub-part of this Agreement will not constitute a waiver of any other part or
sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
sub-parts under this Agreement are for convenience and organization, only.
Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT
VENTURE: No
agency, partnership, or joint venture has been created between the Parties as a
result of this Agreement. No Party has any authority to bind the other to third
parties.
i) FORCE MAJEURE: The Company is not
liable for any failure to perform due to causes beyond its reasonable control
including, but not limited to, acts of God, acts of civil authorities, acts of
military authorities, riots, embargoes, acts of nature and natural disasters, and
other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are
permitted to both Parties under this Agreement, including e-mail or fax. For
any questions or concerns, please email Us at the following address:
info@veelionline.com.