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Terms and Conditions


Last Updated: April 3, 2018

Welcome to akoBay.com. akobay.com is a product of Zepstra Limited. akoBay is a marketplace that allows users to buy and sell just anything in different prices and locations. The contract for sale is directly between the seller and buyer.

While we may provide guidance in our service, such guidance is solely informational and you may decide to follow it or not. Also, while we help facilitate the resolution of disputes, akoBay has no control over an does not guarantee:  the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

You confirm your understanding of the Terms and Conditions by accessing the Site. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided.

Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

Using akoBay

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our site;
  • breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
  • fail to pay for items purchased by you, unless you have a valid reason for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller;
  • fail to deliver items sold by you, unless you have a valid reason, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
  • manipulate the price of any item or interfere with any other user’s listings;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • take any action that may undermine the feedback or ratings;
  • transfer your akoBay account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm akoBay or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of akoBay;
  • interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any akoBay application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to akoBay. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to akoBay or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
  • commercialize any akoBay application or any information or software associated with such application, except with the prior express permission of akoBay;
  • harvest or otherwise collect information about users without their consent; or
  • circumvent any technical measures we use to provide the Services.

If we believe you are abusing akoBay and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.

Fees

The fees we charge for using some of our Services are listed on our https://akobay.com/pakages page. We may change our seller fees from time to time by posting the changes on the akoBay site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

 

Listing Conditions

When listing an item, you agree to comply that:

  • You are responsible for the accuracy and content of the listing and item offered
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). akoBay can’t guarantee exact listing durations
  • Content that violates any of akoBay’s policies may be modified, obfuscated or deleted at akoBay’s discretion
  • We may revise product data associated with listings to supplement, remove, or correct information
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer’s location, search query, browsing site, and history;
    • item’s location, listing format, price, terms of service, end time, history, and relevance to the user query;
    • seller’s history, including listing practices, Detailed Seller Ratings, akoBay policy compliance, Feedback, and defect rate; and
    • number of listings matching the buyer’s query
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer
  • Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers

Purchase Conditions

When buying an item, you agree that:

  • You are responsible for reading the full item listing before making a bid or commitment to buy
  • You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted)
  • For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller
  • We do not transfer legal ownership of items from the seller to the buyer

 

 Content

When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against akoBay, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. akoBay takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including akoBay users). You may use that content solely in your akoBay listings. akoBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that akoBay is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

The name “akoBay” and other akoBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of akoBay in the Republic of Cameroon. and other countries. They may not be used without the express written prior permission of akoBay.

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