TERMS AND CONDITIONS
BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO OUR TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or use the Web Site.
1. Proprietary Rights. As between you and wawamartdirect.com, Wawa Mart Limited owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including copy, video, photographs, illustrations, graphics, other visuals, text, software, titles, PDF files, etc.), code, data and materials of the site, the look, design and organization of the Website, and the collection of the content, code, data and materials on the Web Site. This includes but is not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. Your use of the Web Site does not grant to you ownership of any of the above details, including content, code, data or materials you may access on or through the Website.
2. Limited License. You can access and view the content of this website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for your personal and internal use only. Use of the Web Site and the services offered on or through the Website, are only for your personal, non-commercial use. They cannot be shared in newsletters, print publications or any other documents intended for an audience larger than one self without written permission.
3. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission from authorized personnel of Wawa Mart Ltd or the otherwise applicable rights holder. You may not download, post, display, publish, copy, reproduce, distribute, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. Additionally you may not alter, edit, delete, remove, change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. If you make other use of the Website or the content, code, data or materials thereon available through the Website, without written permission, you may violate copyright and other laws of Ghana. International laws may apply as well. If these laws are broken, you may be subject to liability for such unauthorized use.
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Website are registered and unregistered Trademarks of Wawa Mart Ltd. They may not be used in connection with products and/or services that are not related to Wawa Mart Limited. All Trademarks not owned by Wawa Mart Limited that appear on the Website, if any, are the property of their respective owners. Nothing contained on the Web Site should be construed as granting any license or right to use any Trademark displayed on the Website without the written permission of wawamart.com or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on any part of the Website is strictly prohibited.
7. Prohibited User Conduct. You warrant and agree that, while using the Web Site and the various services and features offered on or through the Web Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an RSS feed) or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Web Site.
You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Web Site.
8. Public Forums. Wawamartdirect.com offers a forum, also known as a message service area, chat service, bulletin board, message board, blog, and other such services available on or through the Website. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which (i) restrict or inhibit any other user from using and enjoying the Website or the Website’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Wawamartdirect.com. You alone are responsible for the content and consequences of any of your activities in the forum sections of the website.
10. Private or Sensitive Information on Public Forums. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
11. Linking to the Web Site. You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on this Web Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is “framed,” materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time upon written notice to you.
12. Indemnification. You agree to defend, indemnify and hold any employee of Wawa Mart Limited harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions. Wawamartdirect.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Wawa Mart Limited should it be necessary to file such a claim.
13. Orders for Products and Services. We may make certain products available to visitors and registrants of the Web Site. If you order any products, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make with your online order by the payment means acceptable to wawamartdirect.com. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
14. Third Party Web Sites. You may be able to link from the Website to third party websites and third party websites may link to the Website (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply wawamartdirect.com endorsement, sponsorship, or recommendation of that site. Wawamartdirect.com disclaims any liability for links (1) from another website to this Website and (2) to another website from this Website. Wawamartdirect.com cannot guarantee the standards of any web site to which links are provided on this Web Site nor shall wawamartdirect.com be held responsible for the contents of such sites, or any subsequent links. Wawamartdirect.com does not represent or warrant that the contents of any third party web site is accurate, compliant with other Ghanaian or international law, or compliant with copyright or other intellectual property laws. Also, wawamartdirect.com is not responsible for or any form of transmission received from any linked web site. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
15. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use the Website, or the services or features made available on or through the Website, do the same. It is illegal to copy written work of others and if you choose to use our website, then you must not copy any written work. Penalty brought on by the law and trademark rights may occur if this is abused.
16. Termination. Wawamartdirect.com may terminate, change, suspend or discontinue any aspect of the Website or the Website’s services at any time. We may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
17. Applicable Laws. We control and operate the Web Site from our offices in Accra-Ghana, therefore having designed it with this audience in mind. We do not represent that materials on the Web Site are appropriate or available for use in other locations. Persons who choose to access the Web Site from other locations does so on their own initiative and are responsible for compliance with their local laws.
19. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of Ghana, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in Ghana. You agree to submit to the personal and exclusive jurisdiction of the courts located within Ghana. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.