WEB USE INFORMATION

Terms of Service

Last Updated: November 1, 2022

The following terms of service (these "Terms of Service"), govern your access to and use of the GhanaGarages.com website, including any content, functionality and services offered on or through www.ghanagarages.com (the "Site") by GhanaGarages.com. GhanaGarages.com and its subsidiaries (if any) are collectively referred hereto as "GhanaGarages.com" "we" or "us" and “you” or “user” means you as a user of the Site.

Please, read these Terms of Service carefully. By using the Site or requesting for an account to be created on the Site in your name, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity you represent (if applicable), to be bound and abide by these Terms of Service, as well as GhanaGarages.com Payment Terms. You further acknowledge that you have read and understood our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. You understand and agree that if you use the Site after a date on which the Terms of Service have changed, GhanaGarages.com will treat your use as acceptance of the updated Terms of Service.

The Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the GhanaGarages.com services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available on all working days from 8am to 5pm (holiday and weekends excluded). If you have any questions regarding our services, the Site or Terms of Service, you may contact our Customer Support team through the Contact Number(s) provided on the Site. You may also email us through the Email Address - also provided on the Site.

The main language used for writing these Terms of Service, as well as all other texts throughout the Site, is English.

Key Terms

“Users” or “Visitors” generally refers to the general public individuals who visit the Site, usually for the purpose of looking for services from Mechanics, Artisans, Brands and others (if available).

“Members” are the individuals who have requested or applied to be registered, and have been registered on the Site to provide various services to Users and Visitors to the Site. Members include registered Mechanics, Artisans and Brands.

“Clients” are Users or Visitors who have entered into agreement or contract with a registered Member on the site for the purpose of receiving a “specified” service from the said service provider (Mechanic, Artisan or a Brand).

Overview

Only registered Members can provide services to Users and Visitors on the Site. To register for a Member account, one will have to go through our vetting processes to satisfy the handlers of GhanaGarages.com who will then collect the applicant’s profile details and submit same (if satisfied) for the account creation. By requesting to be registered on the Site, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. Remember you are solely responsible for any activity you engage in, riding on the back of your registered account. You are also responsible for maintaining the confidentiality and security of your Clients when you get into any arrangements, agreements or contracts with them. We are not liable for any acts or omissions by you in connection with your Clients.

Mechanics, Artisans, Brands, (and others, if considered eligible by the handlers of this Site) who are interested to have account registered on GhanaGarages.com in their name, will pay a registration fee (To be determined and reviewed periodically by the handlers of the Site) to cover the cost of the registration processes which may require Staff of GhanaGarages.com to be physically present at the applicant’s workshop location for requisite assessment to determine approval or otherwise of application. Staff may also advise or assist applicant on information and data gathering procedures, including Images, Service Description information, “About Me” information, filling of registration form, data entry into the system for registration and others, where necessary. Membership on GhanaGarages.com may be subject to annual renewal at a fee (To be determined and reviewed periodically by the handlers of the Site). Registered Members should understand that fees paid for membership registration or renewal are not refundable under any circumstance, once the registration processes commence or the intended membership renewal has been done. Before applying or requesting to be registered to become a Member on GhanaGarages.com, you are advised to read these Terms of Service to fully understand your decision.

To apply or request to be registered to become a Member on the Site, interested persons are required to willingly provide us with the required information and data which may be used for creating a Member account in their name, once registration assessment has been completed and approval given.

General Terms

GhanaGarages.com reserves the right to block, suspend or remove any registered Member found or suspected to be engaging in any of the following behaviors or actions from the Site - any form or shape of foul play (for instance, mischievously damaging reputations of colleague Members to Clients, for the purpose of gaining competitive advantage over them in the eyes of Clients or, mischievously damaging reputations of Clients to others for whatever reason), breach of these Terms of Service or Privacy Policy, abuse or disrespect to colleague Members or Clients, fraudulent behavior, security breaches, copyright breaches, intellectual property theft, or any behavior or action similar to any of the list mentioned above.

Registered Members should recognize that there might be a need for Clients to share certain confidential information with them for the purpose of successfully completing and delivering a contract or arrangement between them. Members in this position have a very important responsibility to protect such confidential information from unauthorized use and disclosure. Therefore, Members agree to treat any information received from Clients as highly sensitive and classified information.

A registered Member may be blocked, suspended or removed if they are reported for improper behavior by other Members or Clients, particularly if such reports are backed by reasonable evidence.

Members warrant that any content included in their Service display information shall be their own original work and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Service, Members represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Service.

Registered Members on the Site are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Clients and registered Members are advised to note that, since GhanaGarages.com is not a part of arrangements, agreements or contracts reached between them in terms of a Service being sought, and payment arrangements agreed upon, we cannot be responsible, in part or whole, for the outcomes of such arrangements, agreements or contracts between the two parties. If a Client requires GhanaGarages.com to directly witness any agreement reached between the said Client and a chosen Mechanic, Artisan or a Brand in order for us to facilitate the processes involved in their terms of agreement or contract, they should contact GhanaGarages.com for the necessary advice and arrangements. Such arrangements will however attract a service fee of 10% on the total amount agreed upon between the Client and the Mechanic(s) or Artisan(s) in question.

NB: This fee may be negotiable depending on the amount involved.

Other Basics

GhanaGarages.com only seeks to provide a “middle ground” platform to help registered Members leverage their skills and expertise, as well as assist prospective Clients to have the option to select and engage with possibly, the “right” Mechanics, Artisans and Brands in the auto and machinery servicing field. GhanaGarages.com however does not provide any guarantee of the level of Service offered to Clients. As much as possible, we seek to promote top performing and diligent registered Members. And, if registered Members are deemed to deliver their required Services on time and maintain high quality and ratings, GhanaGarages.com may reward them with additional opportunities by giving their Services more promotions on the Site. It should however be understood that GhanaGarages.com is not responsible for the content, quality or the level of Service provided by these service providers, even if they are considered to have high ratings or to be top-rated Members. We provide no warranty with respect to their Services, their delivery and their communication with Clients.

In the same manner as indicated above, GhanaGarages.com does not provide any guarantees or assurances on behalf of individuals who visit the Site. We understand that different people may visit the Site with different motives and reasons. It remains the sole responsibility of all service providers and registered Members on the Site to determine who they decide to engage with in their quest to draw in potential Clients or customers.

Service Contents and Evaluation

Service image galleries are required to have appropriate images related to the Service offered. Registered Members must ensure to deliver the same quality of Service as shown on their feature images, as well as in their Service description information. Recurring Services that do not match the quality shown on the feature images, or do not reflect the Service description information may lead to the Member’s account becoming permanently disabled.

Statements on Service images, or in Service description information that undermine the Services of colleague registered Members or Clients, or circumvent these Terms of Service are prohibited.

Registered Members who do not maintain high quality Service, do not deliver Service on time, abuse arrangements, agreements or contracts reached with Clients, may be cautioned or removed completely from the Site, depending on the nature of abuse or offence committed, as considered by the handlers of the Site.

Top-rated Members are frequently evaluated and encouraged by GhanaGarages.com to ensure that the quality standards and expectations of our top performers as well as Clients are maintained.

GhanaGarages.com retains the right to alter our view on a top-rated Member’s status as and when it is deemed appropriate.

Dispute Resolution

GhanaGarages.com may not mediate disputes between a registered Member and a Client, unless the two parties had a pre-arrangement with us to facilitate the arrangement, agreement or contract between them. Clients and registered Members are thus, advised to try and settle conflicts amongst themselves. If Clients require GhanaGarages.com to directly witness any agreement reached between the said Client and a chosen Mechanic, Artisan or Brand in order for us to facilitate the processes involved in their terms of agreement or contract, they should first contact GhanaGarages.com for the necessary advice and arrangements.

GhanaGarages.com aims to maintain a friendly, community-spirited and professional environment for all Users of the Site. Users should keep to that spirit while using the Site. To report a violation of these Terms of Service, Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team through the Email address or the Contact number provided on the Site. Rude, abusive, improper language, violent or threatening messages and outbursts will not be tolerated, and perpetrators may be reported to the appropriate law enforcement agencies to handle same, that is, where GhanaGarages.com happens to be an interested party in the said misunderstanding.

Reporting Violations

If you come across any content that may violate these Terms of Service or our common standards, you should report it to us by calling through the Contact Number(s) or Email Address provided on the Site.

Abuse and Fraud Prevention

To prevent fraud and abuse, Members are not allowed to own multiple accounts without the knowledge of the handlers of the Site. In the event that a Member owns more than one workshop in different locations to render Service(s) to Clients, the said Member should make the handlers of GhanaGarages.com aware of all locations of the workshops in order to enable us attach same to the account name of the Member in question. It should be understood that different workshops (whether rendering same or different Services) will require separate registration processes and fee to qualify to be a Member on the Site. Any additional account determined (determination to be made by the Site handlers) to have been created to circumvent guidelines, promote competitive advantages, or mislead the GhanaGarages.com community will be disabled or removed, possibly, together with all other accounts linked to the name of the offender.

If for any reason there is need to change hands or ownership of your workshop (as known to GhanaGarages.com) which will eventually lead to a change of ownership in your membership account on the Site (if still active), you should first inform the handlers of the Site to enable us to also effect the necessary changes or updates on the said account. Failure to do so will mean the original owner of the said Member account (as known to the Site) will continue to take responsibility for all actions and/or inactions that may happen in the name of that Member account. If per chance this change of hands or ownership is uncovered by the handlers of the Site, the said Member account will be disabled immediately until the right sanctions (to be determined by the handlers of the Site) are taken care of by the supposed “new owner” of the account in question.

Proprietary Restrictions

The Site, together with its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by GhanaGarages.com and protected by all applicable laws. The Site, in part or whole, should not be modified or reproduced for any reason. We reserve all rights in connection with the Site and its content including, without limitation, the exclusive right to create derivative works.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KUMASIMAGAZEE.COM NOR ANY PERSON ASSOCIATED WITH KUMASIMAGAZEE.COM MAKES ANY WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL KUMASIMAGAZEE.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR ON SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THROUGH SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Privacy Policy

Last Updated: November 1, 2022

Please, read this privacy policy (the “Policy”) carefully to understand how GhanaGarages.com uses the personal information you provide us. By accessing or using www.ghanagarages.com, you acknowledge that you have read, understood and accepted this Policy.

This Policy may change from time to time. Any changes made in this Policy will be posted on this website. Changes to this Policy are effective as of the stated "Last Updated" date. We recommend that you check this Policy periodically for any updates or changes.

Information We Collect– You willingly provide us with the information required for member registration on this website.

How We Use the Information Collected– We use the personal information you willingly provide us to provide you with quality service and security, to operate the website efficiently, for us to understand how people use the website, to enable us perform our obligations to you, to ensure marketplace integrity and security, to prevent fraud, to contact you and send you direct communication when necessary and, to promote and advertise the website.In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately.

How Long We Keep Your Personal Information– We keep your personal information for as long as it is required to fulfil the purpose for which it was collected. However, in some cases (where required), we may retain such information for longer periods of time.

Age Consent- This website is offered and available to users who are at least 18 years of age. Minors under 18 years of age cannot, and will not be registered to become members of this platform.

Sharing Personal Information with Third Parties– We share personal information with third parties (only when necessary) in order to operate the website, provide our services to you, fulfil obligations imposed on us by applicable laws and regulations, and to prevent fraud.

Where We Store Personal Information- Some of the personal information you willingly provide us may be stored or processed on our behalf by third party service providers and data processors and may be located in other jurisdictions, such as the United States.

Cookies– We use cookies and similar technologies (such as web beacons, pixels, tags, and scripts) to improve user experience, provide our services, analyze website performance and for marketing purposes.

External Links –GhanaGarages.com may contain links to third party websites. It must be understood that, if you link to a third party website from GhanaGarages.com, any data you provide to that website, and any use of that data by the third party are not under the control of GhanaGarages.com and can therefore, not take responsibility for the actions of the third party website.

Security– As much as possible, we implement technical and organizational measures to maintain the security of this website, your personal information, and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures.

Our Legal Basis for Using Your Personal Information

Where relevant under applicable laws, all processing of your personal information will be justified on "lawful grounds". As much as possible, processing will be justified on the basis that:

· you have willingly provided your consent for us to use your personal information for specific purposes;

· our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you;

· the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or

· the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.

Sharing Personal Information with Third Parties

We share your personal information with third parties as detailed below:

· With registered members and website visitors.Once you are registered on GhanaGarages.com, your username and some other profile information are made public, and visible to other registered members and all visitors to the website. This information includes photos you willingly provide us to upload for your service, your published portfolio, your service information details, ratings, and additional information you may choose to add to your profile. Please, be aware that certain information, such as your username and profile details, together with the content uploaded on your behalf upon your request, will be publicly displayed when you become a registered member on GhanaGarages.com. If you privately share any additional of your personal information or data with other users of this website, it is your responsibility to ensure that they comply with your standards.

· With Service Providers. We share personal information for business purposes with service providers that provide us with services for the purpose of running the website, opening and operating your account as well as providing ancillary services and solutions. These include, among others, hosting services, billing and payment processors and vendors, Customer Relationship Management (CRM) Systems, community management services, data and cybersecurity services, web analytics and performance tools, IT SaaS services, communication systems, mailing systems, data optimization and marketing services, data enrichment services, legal and financial advisors or technical consultants. Consistent with applicable legal requirements, we take appropriate technical and organizational measures to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;

· For legal reasons. We share personal information with law enforcement agencies, public authorities or other parties in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it is necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or safety of GhanaGarages.com, our customers and clients, or the public;

· For payments and fraud detection. We share personal information with payment processors, fraud detection agencies and similar third parties for the purpose of facilitating payments (where applicable) and securing the website and protecting it against fraud, unauthorized transactions, claims or other liabilities;

· With social media partners. From time to time, we may share limited personal information with social media platforms and marketing partners, such as Facebook and Google, to promote our services or the GhanaGarages.com marketplace;

· In the context of a corporate transaction. Personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of GhanaGarages.com's assets, acquisition, bankruptcy or similar event. In the event that we sell our business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.