Terms and Conditions

Terms and Conditions

 

Introduction

These are general terms and conditions of use ("Terms of Use") governing your use of this website (Melcom Online Store). Your use and ability to register for use of this website and Content (defined below) constitutes your acceptance of these Terms of Use and the Privacy Policy. If you do not agree with these Terms of Use and the Privacy Policy, you should immediately cease use of this website and Content. Each time you use the Site, you reaffirm your acceptance of the then-current Terms of Use and any applicable additional terms. If you do not wish to be bound by these Terms of Use, you may discontinue using the Site, otherwise your continued use constitutes acceptance of the Terms of Use, as modified from time to time.

This website is owned and operated by Melcom Ltd. Melcom Ltd may change these Terms of Use at any time and in its sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Site. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Site.

This Site presents information, content, products and services (collectively, "Content") that is owned exclusively or licensed by Melcom Ltd. When used in these Terms of Use, "we" (Melcom Ltd and )"you" and "your" refers to any individual, company, or legal entity that accesses or otherwise uses this website.

 

Additional Terms

Melcom Ltd. offers the ability to access and use certain Content, for purchase, licensing, subscription or other payment-based arrangement through portions of this Site. We may have established or will establish additional or different terms and conditions for such other Content, products and services. You agree to review all applicable additional or different terms and conditions relating to Melcom Ltd. products and services. In the event of any conflict between these Terms of Use and such additional terms and conditions, the additional terms and conditions shall govern and control. Further, if you have an account with Melcom Ltd., your customer relationship is also governed by other agreements, such as your account agreement, as applicable. In the event of any conflict between these Terms of Use and such account agreements, your account agreements shall govern and control.

 

Your Responsibility to Protect Your Account

When you sign up to use the Site and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow using your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and not hold Melcom Ltd. responsible for losses incurred by Melcom Ltd. or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

Your Responsibility for Security

Melcom Ltd. assumes no liability or responsibility for any damages to you, your computer, or other property due to your access to, use of, or downloading of Content. If you download or copy Content from this website, you are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your computer and systems, including employing virus protection software.

 

Do Not Rely on This Site for Your Financial Decisions

The Content on this Site is for convenience, e-commerce and information purposes only. You should verify all Content provided through this Site before you make decisions. Account information available on this Site is not the official record of your account. Nothing on this Site should be construed as rendering any advice including tax, legal, investment, or accounting advice.

 

Ownership and Use of Content

All of the information and Content on this Site, and any enhancements, derivative works or improvements thereto, including, but not limited to, all text, databases (in any formats), analyses, inventions, processes, reports, articles, graphics, user interfaces, software applications, video and audio files and photos, and any and all worldwide intellectual property rights embodied by, arising from or related thereto, including any and all patent rights, (including any applications, continuations, divisions, renewals, substitutes or reissue thereof), copyrights, rights of publicity, trademarks, service marks, logos, slogans and trade dress, whether registered and unregistered ("Intellectual Property Rights"), are owned exclusively or licensed by Melcom Ltd. The Content is protected worldwide by applicable intellectual property laws. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain without any alteration all copyright, trademark, and other proprietary notices, legends or markings. Melcom Ltd. reserves the right to terminate at any time rights to make personal copies of Content. Except as expressly stated in these Terms of Use, you may not otherwise duplicate, copy, modify, create derivative works thereof, reverse compile, disassemble or reverse engineer the Content, or display, redistribute, retransmit, republish, sell, license, lease, sublicense, assign or otherwise transfer any of the Content. You may not frame the Content within another website. Except for the limited use rights expressly provided in this paragraph, or in any additional terms and conditions, all rights in Content are reserved.

 

Ownership and Use of Trademarks

The trademarks and service marks "Melcom Ltd." and any logos, designs, slogans or other source-identifying devices, including combinations thereof (excluding any third party owned trademarks or service marks) displayed on the Site are owned by Melcom Ltd. Other proprietary Melcom Ltd. marks may be designated as such from time to time on this Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are expressly prohibited from making any other use of Melcom Ltd. trademarks, including, but not limited to, as metatags, key words, text or other links (unless otherwise permitted by VWM in its sole discretion) or in any other fashion that may create a false or misleading impression of affiliation with or sponsorship by Vertical Web Media.

 

Links

This Site may contain links to third-party websites. Melcom Ltd. does not control or endorse these third-party sites or any goods or services sold on those sites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that Melcom Ltd. is not responsible or liable for any content or other materials on these third party sites. We have not reviewed any or all such sites that may be linked to this Site and we are not responsible for any such websites linked to this Site. Your linking to any websites from this Site is at your own risk. By linking to a website or permitting a link to this Site, Melcom Ltd. does not endorse the website operator or the content of the linked website. Subject to the terms of applicable service or other agreements, we will remove any link from this Site upon request from the owner of the linked website.

 

Availability

Not all of the products or services described on this Site are available in every retail outlet and/or you may not be eligible for them. We reserve the right to determine eligibility.

 

Colors

We have made significant efforts to accurately display the colors of products that appear on the MELCOM Sites. However, as the actual color tone you see will depend on your computer monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the actual product color or finish.

 

Pricing Information

MELCOM cannot confirm the price of an item until your order is placed. Pricing errors may occur on the MELCOM Sites or through MELCOM Retail shops. MELCOM reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from MELCOM. MELCOM may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the MELCOM Sites or from prices available in MELCOM stores.

 

Return Policy

You may review Melcom Ltd. Return Policy by clicking  here.

Content Posted by You

The Site may contain pages where you and other members may post comments. You may only post content to the Site that you created or which the owner of the content has given you permission to post. You should carefully choose the information you post on the Site. You may not post the following items: telephone numbers, street addresses, last names, URLs to external sites, any form of HTML or programming code, or any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit, or otherwise objectionable subject matter. You are solely responsible for anything you may post on the Site and the consequences of posting anything on the Site. You may not post or distribute content that is illegal or unlawful (including any defamatory, or obscene content or content that violates another party's right to privacy, right against publicity or put any party in a false light), or violate these Terms of Use. By posting or distributing content to the Site, you represent and warrant that (a) you own all the rights to the content or are authorized to use and distribute the content to the Site and (b) the content does not and will not infringe upon any copyright or any other intellectual property right of a third party, nor violates any other rights of a third party (including a third party's right to privacy, right against publicity) or puts such party in a false light nor violates any law or regulation.

 

Content Posted by Other Users

Melcom Ltd. is not responsible for, and does not endorse, content in any posting made by other users on the Site. You are solely responsible for your reliance on anything posted by another members on the Site. Under no circumstances shall Melcom Ltd. be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance upon any content posted by a third party on the Site. If you become aware of misuse of the Site by any person, please contact Melcom Ltd. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

 

Activities Prohibited on the Site

The following is a partial list of the kinds of conduct that are illegal or prohibited on the Site. Melcom Ltd. reserves the right to investigate and take appropriate legal action against anyone who, in Melcom Ltd. sole discretion, engages in any of the prohibited activities. Prohibited activities include - but are not limited to - the following:

  • Using the Site for any purpose in violation of local, state, national, or international laws;
  • Posting comments that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Vertical Web Media in its sole discretion or pursuant to local community standards. However, Vertical Web Media takes no responsibility for monitoring such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting chain letters or pyramid schemes;
  • Impersonating another person;
  • Distributing viruses or other harmful computer codes;
  • Harvesting, mining or otherwise collecting information about others, including e-mail addresses, without their consent;
  • Allowing any other person or entity to use your identification for posting or viewing comments;
  • Posting the same note more than once or "spamming";
  • Harassing, threatening, stalking, or abusing any person;
  • Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the sole discretion of Melcom Ltd., exposes Melcom Ltd. or any of its customers or suppliers to any liability or detriment of any type.
  • Melcom Ltd. reserves the right, but is not obligated, to do any or all of the following:
  • Record the dialogue or content posted on any pages of the Site;
  • Investigate an allegation that anything posted on the Site does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the posting;
  • Remove postings which are abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms of Use;
  • Terminate a user's access to the Site upon any breach of these Terms of Use;
  • Monitor, edit, or disclose any posting on the Site;
  • Edit or delete any communications posted on the Site, regardless of whether such communications violate these standards.

 

Additional Information

All information, other than personal information subject to Melcom Ltd. Privacy Policy, submitted to Melcom Ltd. through this Site or any related Melcom Ltd. site is the property of Melcom Group Of Companies. Melcom Ltd. is free to use any ideas, concepts, know-how or techniques that you may submit to Melcom Ltd. through this Site for any purpose including, but not limited to, improving our services. We are not subjected to any obligations of confidentiality regarding any submitted information except as specified in Melcom Ltd. Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

 

Changes

Melcom Ltd. reserves the right to change the Content on this Site and these Terms and Conditions from time to time at any time without prior notice. The changes may include superseding terms and conditions or specific notices. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS REGULARLY AND AT LEAST EACH TIME YOU USE OR VISIT THE SITE TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continous use of this Site constitutes your acceptance of any change or update, all of which shall become controlling when posted.

 

Privacy

You may review Melcom Ltd. Privacy Policy by visiting this  page.

 

Children

This Site does not intend to market any Melcom Ltd. products or services to children under eighteen (18) years of age. Melcom Ltd. does not knowingly gather or solicit data from children under eighteen (18) years of age through this Site for marketing purposes. By using this Site you represent that you are not under eighteen (18) years of age.

 

Cautionary Language Regarding Forward-Looking Statements

All Content and any oral information provided by Melcom Ltd. executives that relates to Melcom Ltd. future performance or financial results are considered forward-looking statements. These forward looking statements involve uncertainties that could cause actual performance or results to materially differ, and readers are cautioned not to place undue reliance on them.

 

Governing Law

These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of Ghana, without giving effect to conflict of law principles thereof. You expressingly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and/or your use of the Site resides in the courts located in The Republic of Ghana, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

 

Warranties

Your use of this Site and Content is at your own risk. We strive to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy, completeness or timeliness of the Content. Content may become inaccurate as a result of developments after its publication on this Site. Melcom Ltd is not responsible to keep Content current or to correct inaccuracies or errors in Content. The Site and the content are provided on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, Melcom Ltd. DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Melcom Ltd. makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. Melcom Ltd. cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Melcom Ltd. cannot and does not guarantee or warrant any files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest disabling, contaminating or destructive properties. Melcom Ltd. cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. Vertical Web Media does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

 

Disclaimer

This site is provided by Melcom on an “As Is” and “As Available” basis. Melcom makes no representations or warranties of any kind, expressed or implied, as to the operation of the Melcom sites or the information, content, materials, or products included on the Melcom sites. To the full extent permissible by applicable law, Melcom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Melcom disclaims any and all warranties, express or implied, for any merchandise offered on the Melcom sites. You acknowledge, by your use of the Melcom sites, that your use of Melcom sites is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. This site is provided by Melcom on an “As Is” and “As Available” basis. Melcom makes no representations or warranties of any kind, expressed or implied, as to the operation of the Melcom sites or the information, content, materials, or products included on the Melcom sites. To the full extent permissible by applicable law, Melcom disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, Melcom disclaims any and all warranties, express or implied, for any merchandise offered on the Melcom sites. You acknowledge, by your use of the Melcom sites, that your use of Melcom sites is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. 

 

Limitation of Liability

Melcom Ltd. ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH Melcom Ltd. IS TO DISCONTINUE YOUR USE OF THE SITE. Melcom Ltd., CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF Melcom Ltd. HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VERTICAL WEB MEDIA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Applicable Law & Jurisdiction

These Terms and conditions are to be interpreted and governed by the laws in force in Ghana. Each party hereby agree to submit to the jurisdiction of the Ghanaian courts and to waive any objections based upon venue.

 

Termination

Beyond any other legal or equitable remedies, we retain the right, without giving any prior notice to you, to immdeiately terminate the Terms and Conditions or to revoke any part or all of your rights that are granted under the Terms and Conditions. Should termination occur, you must immediately cease all access to and use of the Site; any such termination will also result, in addition to any other legal or equitable remedies, in the immediate revocation of all password(s) and account identification issued to you, and with the denial of access to and use of this Site in whole or in part. Any termination will not impact the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. In addition, you agree that the Site is not liable to you or any other person as a result of any such termination or suspension. If any time you feel dissatisfied with the Site or any of its Terms and Conditions, rules, policies, guidelines, or practices of Jade E Services in the Site's operations, your sole and exclusive remedy is to discontinue using the Site.

 

Please note the following points:

  • We reserve the right to cancel orders at our discretion without giving any reason so long as we provide a full refund for any payment made (This may occur in cases where the remaining stock is damaged or used etc..)
  • We reserve the right not to accept COD (Cash On Delivery) for certain locations at our discretion.
  • We reserve the right not to agree delivery to locations that maybe impractical for the service.
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