Welcome to the Bargaining Market Terms and Conditions of Use (“Terms”). The Terms
you see below are important because they:
- Outline your legal rights on This Bargaining Market
- Explain the rights you give to us when you use This Bargaining Market
- Describe the rules everyone needs to follow when using This Bargaining Market
Thanks for choosing The Bargaining Market (“This Bargaining Market ”). The Bargaining Market provides personalized services with social and interactive features for Paying and other content as well as other products and services that may be developed from time to time. By signing up or otherwise using any of these The Bargaining Market services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the “The Bargaining Market Service”) or accessing any uploaded product info or other content or material that is made available through the you are entering into a binding contract with The Bargaining Market at the C.S.D ltd. Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the agreement, export controls, automatic renewals, limitations of liability, privacy, waiver of class actions and resolution of dispute by arbitration instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found on This Bargaining Market’s website. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Bargaining Market Service or access any Content. In order to use this Bargaining Market Service and access any Content, you need to
(1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements,
(2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and
(3) reside in the Rwanda. You also promise that any registration information that you submit to The Bargaining Market is true, accurate, and complete, and you agree to keep it that way at all times only if God Wishes.
2 Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us
3 Enjoying This Bargaining Market
Here’s some information about all the ways you can enjoy This Bargaining Market .
3.1 Service Options
You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a The Bargaining Market account. Certain options are provided to you free-of-charge. The Bargaining Market Service that does not require payment is currently referred to as the “Free Service.” Other options require payment before you can access them (getting items u bought and for the “companies there’s a Paid Subscriptions”). We still under a promotion mode also offer special promotional plans, memberships, or services, including offerings of thirdparty products and services in conjunction with or through The Bargaining Market Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms. The Unlimited Free Service will never be available to all users. We will explain which services are available to you when you are signing up for the services. If you cancel your subscription to the Service, or if your subscription to the Service is interrupted
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). The Bargaining Market may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. For some Trials, we’ll soon require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurringmonthly basis or another interval that we disclose to you in advance.
IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY A SINGLE CLICK IF YOU SIGNED UP FOR THE TRIAL THROUGH THIS BARGAINING MARKET YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION.
4 Payments and Cancellations
You may purchase a Paid Subscription directly from The Bargaining Market either by
(1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or
(2) pre-payment will be giving you access to the Bargaining Market Service for a specific time period (“Pre-Paid Period”).
The Bargaining Market may change the price for the Paid Subscriptions, including recurring subscription fees, the Pre-Paid Period (for periods not yet paid), or Codes, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next team meeting. Subject to applicable law, you accept the new price by continuing to use the Bargaining Market Service after the price change takes effect. If you do not agree with a price change, you will have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.
4.2 Renewal; Cancellation
Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to The Bargaining Market through which you purchased the Paid Subscription will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period by a single click if you purchased the Paid Subscription through This Bargaining Market, by canceling the Paid Subscription through it. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. We won’t provide refunds or credits for any partial subscription periods. If you have purchased a Paid Subscription using a Code, your subscription will automatically terminate at the end of the period when there is an insufficient pre-paid balance to pay for the Service
5 Using our service
The Bargaining Market Service and the Content are the property of The Core Software Design or This Bargaining Market's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Bargaining Market Service, and limited, nonexclusive, revocable permission to make personal, non-commercial use of the Content(collectively, “Access”). This Access shall remain in effect until and unless terminated by you or This Bargaining Market. You promise and agree that you are using the Bargaining Market Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Bargaining Market Service Algorithms but you can share the Content. The Bargaining Market website application and the Content are not sold to you, and The Bargaining Market and its licensors retain ownership of all copies of the Bargaining Market web applications and Content even after they’re transferred on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices (“Devices”). All The Bargaining Market trademarks, service marks, trade names, logos, domain names, and any other features of the Bargaining Market brand (“The Bargaining Market Brand Features”) are the sole property of The Bargaining Market or its licensors. The Agreements do not grant you any rights to use any The Bargaining Market Brand Features whether for commercial or non-commercial use. You agree to abide by our terms and not to use the Bargaining Market Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, The Bargaining Market grants no right, title, or interest to you in the Bargaining Market Service or Content.
6 Third Party Applications and Devices
The Bargaining Market Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Bargaining Market Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that The Bargaining Market does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does The Bargaining Market warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.
7 User-Generated Content
The Bargaining Market users may post, upload, or otherwise contribute content to the Service (which may include, for example, pictures, text, messages, information and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Bargaining Market Support Community as well as any other part of the Bargaining Market Service.You promise that, with respect to any User Content you post on This Bargaining Market
(1) you own or have the right to post such User Content, and
(2) such User Content, or its use by The Bargaining Market as contemplated by the
Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by The Bargaining Market or any artist, band, label, entity or individual without express written consent from The Bargaining Market or such individual or entity. The Bargaining Market may, but has no obligation to, monitor, review, or edit User Content. In all cases, The Bargaining Market reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in This Bargaining Market’s sole discretion, violates the Agreements. The Bargaining Market may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible for all User Content that you post. The Bargaining Market is not responsible for User Content According to SECTION 230 nor does it endorse any opinion contained in any User Content.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE BARGAINING MARKET RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE BARGAINING MARKET HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
8. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right
(1) to allow the Bargaining Market Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service,
(2) to provide advertising and other information to you, and
(3) to allow our business partners to do the same. In any part of the Bargaining Market Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including This Bargaining Market’s agreements with third parties. Some Content licensed by, provided to, created by or otherwise made available by The Bargaining Market (e.g. podcasts) may contain advertising as part of the Content. The Bargaining Market Service makes such Content available to you unmodified. If you provide feedback, ideas or suggestions to The Bargaining Market in connection with the Bargaining Market Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize The Bargaining Market to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
(4).You grant The Bargaining Market a non-exclusive, transferable, sub-licensable, royalty free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, assign, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law,
(5). you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
9 User guidelines
The Bargaining Market respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure The Bargaining Market stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:
1. copying, redistributing, reproducing, “ripping,” recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Bargaining Market Service or the Content, or otherwise making any use of the Bargaining Market Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Bargaining Market Service or the Content or any part of it;
2. using the Bargaining Market Service to import or copy any local files that you do not have the legal right to import or copy in this way;
3. transferring copies of cached Content from an authorized Device to any other Device via any means;
4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Bargaining Market Service, Content or any part thereof except to the extent permitted by applicable law;
5. circumventing any technology used by This Bargaining Market , its licensors, or any third party to protect the Content or the Service;
6. selling, renting, sublicensing or leasing of any part of the Bargaining Market Service or the Content;
7. circumventing any territorial restrictions applied by The Bargaining Market or it licensors;
8. artificially increasing play counts, follow counts or otherwise manipulating the Service by
(i) using any bot, script or other automated process,
(ii) providing or accepting any form of compensation (financial or otherwise), or
(iii) any other means;
9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
10.circumventing or blocking advertisements in the Bargaining Market Service, or creating or distributing tools designed to block advertisements in the Bargaining Market Service; 11.providing your password to any other person or using any other person’s username and password;
12.“crawling” The Bargaining Market Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from The Bargaining Market or the Bargaining Market Service;
13.selling a user account or product, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or product or the content included on an account or product ; or
14.artificially promoting Content by automated means or otherwise. Please respect This Bargaining Market, the owners of the Content, and other users of the Bargaining Market Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
15.is offensive, abusive, defamatory, pornographic, threatening, or obscene;
16.is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of The Bargaining Market or a third party;
17.includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
18.includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
19.is intended to or does harass or bully other users;
20.impersonates or misrepresents your affiliation with another user, person,
or entity, or is otherwise fraudulent, false, deceptive, or misleading;21.involves the transmission of unsolicited mass mailings or other forms of spam, junk mail, chain letters, or similar;
22.involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by This Bargaining Market ;
23.links to, references, or otherwise promotes commercial products or services, except as expressly authorized by This Bargaining Market ;
24.interferes with or in any way disrupts the Bargaining Market Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or This Bargaining Market ’s computer systems, network, usage rules, or any of This Bargaining Market ’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
25.conflicts with the Agreements, as determined by This Bargaining Market . You acknowledge and agree that posting any User Content that violates these User guidelines (or that The Bargaining Market reasonably believes violates these User guidelines) may result in immediate termination or suspension of your The Bargaining Market account.
You also agree that The Bargaining Market may reclaim your username for any reason.
Please be thoughtful about how you use the Bargaining Market Service and what you share.
The Bargaining Market Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and reshared by other users on The Bargaining Market or across the web, so please use The Bargaining Market carefully and be mindful of your account settings. The Bargaining Market has no responsibility for your choices to post material on the Service but has control for the approval of those choices. You may post something that never going to be shown on our business logics layers.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.
10 Infringement and reporting User Content
The Bargaining Market respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, see This Bargaining Market ’s copyright policy If The Bargaining Market is notified by a copyright holder, using the forms provided by This Bargaining Market , that any Content infringes a copyright, The Bargaining Market may in its sole discretion remove such Content from the Service, or take other steps that The Bargaining Market deems appropriate, without prior notification to the user or other party who supplied or posted that Content. If such user or other party believes that the Content is not infringing, he or she may in certain circumstances submit a counter-notification to The Bargaining Market with a request to restore the removed content, which The Bargaining Market may or may not honor, in This Bargaining Market’s sole discretion.
If you believe that any Content does not comply with the User guidelines, please fill out our notice form.
11 Service limitations and modifications
The Bargaining Market will make reasonable efforts to keep the Bargaining Market Service operational.
However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. The Bargaining Market reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Bargaining Market Service, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Bargaining Market Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to The Bargaining Market for Paid Subscriptions that The Bargaining Market permanently discontinues prior to the end of the Pre-Paid Period (defined in the payment and cancelation section), The Bargaining Market will refund you the prepaid fees for the PrePaid Period after such discontinuation. You understand, agree, and accept that The Bargaining Market will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. The Bargaining Market and/or the owners of any Content may, from time to time, request to remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.
12 Brand Accounts
If you establish a The Bargaining Market account on behalf of a company, organization, entity, or brand (a “Brand,” and such account a “Brand Account”), the terms “you” and “your,” as used throughout the Agreements, apply to both you and the Brand. If you create a Brand Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Brand to the Agreements. A Brand may follow users and create and share products, provided that the Brand does not take any action that implies an endorsement or commercial relationship between the Brand and the followed user or any other person, unless the Brand has independently obtained the rights to imply such an endorsement. In addition, Brands must be transparent to our users about disclosing any endorsements or consideration providedto users, or any other party and must comply with all applicable laws, regulations, and codes of practice when engaging in the foregoing practices.
13 The Bargaining Market Support Community
The Bargaining Market Support Community is a place for discussions and exchange of information, tips, and other materials related to The Bargaining Market Service. By using this Bargaining Market Support Community, you agree to the Terms
14 Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavors to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.
15 Export control
This Bargaining Market’s products may be subject to Rwandan export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the RIB maintained by the Police. Department of Commerce
You warrant that you are
(1) not located in any country to which the Rwanda has embargoed goods or has otherwise applied any economic sanctions; and
(2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and re-export control laws and regulations, including the RIB, trade and economic sanctions maintained by Rwandan gov .
Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from The Bargaining Market under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of Rwanda or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
16 Term and termination
The Agreements will continue to apply to you until terminated by either you or This Bargaining Market. However, you acknowledge and agree that the perpetual license granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. The Bargaining Market may terminate the Agreements or suspend your access to theBargaining Market Service at any time, including in the event of your actual or suspected unauthorized use of the Bargaining Market Service and/or Content, or noncompliance with the Agreements, or if we withdraw Services and/or Content (in which case we shall provide you with reasonable notice in advance of doing so).
If you or The Bargaining Market terminate the Agreements, or
if The Bargaining Market suspends your access to the Bargaining Market Service, you agree that The Bargaining Market shall have no liability or responsibility to you, and The Bargaining Market will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You may terminate the Agreements at any time. To learn how to terminate your Bargaining Market account,
please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law.
Sections 7, 8, 9, 11, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
17 Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT THE BARGAINING MARKET SERVICE IS
PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED
WARRANTY OR CONDITION OF ANY KIND. THE BARGAINING MARKET AND ALL
OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY
WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER THE BARGAINING MARKET NOR ANY OWNER OF
CONTENT WARRANTS THAT THE BARGAINING MARKET SERVICE IS FREE OF
MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE BARGAINING
MARKET MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY
APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR
ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY
A THIRD PARTY ON OR THROUGH THE BARGAINING MARKET SERVICE OR ANY
HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER
ADVERTISING AND THE BARGAINING MARKET IS NOT RESPONSIBLE OR LIABLE
FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF
THE FOREGOING. NO ADVICE OR INFORMATION WHETHER ORAL OR IN
WRITING OBTAINED BY YOU FROM THE BARGAINING MARKET SHALL CREATE
ANY WARRANTY ON BEHALF OF THIS BARGAINING MARKET . WHILE USING THE
BARGAINING MARKET SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT
CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL
RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT
RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT. THIS SECTION
APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A
18 Limitation and time for filing
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE BARGAINING MARKET SERVICE IS TO STOP USING THE BARGAINING MARKET SERVICE. YOU AGREE THAT THE BARGAINING MARKET HAS NO OBLIGATION OR LIABILITY ARISING FROM THE CONTENT THEREOF MADE AVAILABLE THROUGH IN NO EVENT WILL THIS BARGAINING MARKET , ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE BARGAINING MARKET SERVICE, DEVICES THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE BARGAINING MARKET HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE BARGAINING MARKET SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO THE BARGAINING MARKET DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in the Agreements removes or limits This Bargaining Market ’s liability for fraud,
death or personal injury caused by its negligence,
and, if required by applicable law, gross negligence.
YOU AGREE THAT ANY CLAIM AGAINST THE BARGAINING MARKET MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION UNDER SECTION (24.2.1) OR FILING AN INDIVIDUAL ACTION UNDER SECTION (24.2.2) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
19 Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and This Bargaining Market, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
20 Entire Agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and This Bargaining Market , the Agreements constitute all the terms and conditions agreed upon between you and The Bargaining Market and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that certain aspects of your use of the Bargaining Market Service may be governed by additional agreements. That could include, for example, access to the Bargaining Market Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on This Bargaining Market ’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
21 Severability, waiver and interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law. Any failure by The Bargaining Market or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive This Bargaining Market’s or the applicable third party beneficiary’s right to do so. As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
The Bargaining Market may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and The Bargaining Market may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.
You agree to indemnify and hold The Bargaining Market harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees andcosts) arising out of or related to:
(1) your breach of the Agreements or any one of them;
(2) any User Content you post or otherwise contribute;
(3) any activity in which you engage on or through the Bargaining Market Service; and
(4) your violation of any law or the rights of a third party.
24 Choice of law, mandatory arbitration, and venue
24.1 Governing Law / Jurisdiction
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Kigali city, Rwandan, without regard to choice or conflicts of law principles. Further, you and The Bargaining Market agree to the jurisdiction of the Kigali to resolve any dispute, claim, or controversy that relates to or arises in connection with the Agreements (and any non-contractual disputes/claims relating to or arising in connection with them) and is not subject to mandatory arbitration under Section 24.2.1 and could be solve amicably
24.2 ARBITRATION AGREEMENT
This Arbitration Agreement applies only to users in Rwanda and all over the world.
24.2.1 Dispute resolution and arbitration
You and The Bargaining Market agree that any dispute, claim, or controversy between you and The Bargaining Market arising in connection with or relating in any way to these Agreements or to your relationship with The Bargaining Market as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual (not class) arbitration. You and The Bargaining Market further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of the Arbitration Agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
Notwithstanding the clause above (24.2.1), you and The Bargaining Market both agree that nothing in this Arbitration Agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to
(1) bring an individual action in a Rwanda small claims court or
(2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling fromthe arbitrator. In addition, this Arbitration Agreement doesn’t stop you or us from bringing issues to the attention of federal, city, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
24.2.3 No Class Or Representative Proceedings: Class Action Waiver
YOU AND THE BARGAINING MARKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
24.2.4 Arbitration rules
Either you or we may start arbitration proceedings. Any arbitration between you and The Bargaining Market will take place under the RIB, as modified by this Arbitration Agreement. You and The Bargaining Market agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
24.2.5 Notice; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). This Bargaining Market's address for Notice is: The Bargaining Market CSD LTD.,Nyarugenge, paul six KIGALI ,RWANDA The Notice must
(1) describe the nature and basis of the claim or dispute; and
(2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or The Bargaining Market may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Bargaining Market shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed exceptin confidence to persons who have a need to know for such purposes or as required by applicable law.
If this Arbitration Agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 24.1 shall govern any claim in court arising out of or related to the Agreements.
WRAP UP OF OUR WEBSITE TERMS
a you agree to these Terms; and
b where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorized to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
1.2 If you do not agree to these Terms, you are not authorized to access and use the Website, and you must immediately stop doing so.
2.1 We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.
2.2 We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.
Website means [https://issoko.com]
You means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
4 YOUR OBLIGATIONS
4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.
4.2 If you are given a User ID, you must keep your User ID secure and:
a- not permit any other person to use your User ID, including not disclosing or providing it to any other person; and
b- immediately notify us if you become aware of any disclosure or unauthorized use of your User ID, by sending an email to [email@example.com].
4.3 You must:
a- not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and
b- unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method
4.4 You must obtain our written permission to establish a link to our Website. If you wish to do so,
email your request to [firstname.lastname@example.org].
4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your User ID.
5 INTELLECTUAL PROPERTY
We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.
6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:
a- the Website being unavailable (in whole or in part) or performing slowly; b- any error in, or omission from, any information made available through the Website;
c- any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and
d- any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
6.2 We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.
7.1 To the maximum extent permitted by law:
a- you access and use the Website at your own risk; and b- we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.
7.2 To the maximum extent permitted by law and only to the extent clauses 7.1 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed
8.1 You are not required to provide personal information to us, although in some cases if you choose not to do so then we will be unable to make certain sections of the Websiteavailable to you. For example,
a. we may need to have your contact information in order to provide you with updates from our Website.
b. If you upload an item on our web in order to be solve through ,it may never be approved to get online
c. And so on..
8.2 When you provide personal information to us, we will comply with Privacy Act
8.3 The personal information you provide to us (including any information provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.
8.5 Generally, we do not disclose personal information to third parties from the website or android application for them to use for their own purposes. However, some of the circumstances in which we may do this are:
a- to The Core Software design ltd and other persons working with us to make the Website available or improve or develop its functionality (e.g. we may use a third party supplier to host the Website or the android application eg: Firebase, etc..);
b- in relation to the proposed purchase or acquisition of our business or assets; or
c- where required by applicable law or any court, or in response to a legitimate request by a law enforcement agency.
8.6 Any personal information you provide to us may be stored on the secure servers of our trusted The Core Software design ltd Service Providers (Broadband System Cooperation), which is located inside Rwanda.
8.7 You have the right to request access to and correction of any of the personal information we hold about you. If you would like to exercise these rights, please email us at [email@example.com].
But if you have an account with us you could login and alter it. These Terms and Conditions ("Terms") Last updated: (15th/march/2021)
Please read these Terms and Conditions (issoko.com", "Terms and Conditions") carefully before using the https://issoko.com/ website and the our Mobile mobile application in the "e-commerce Service that is operated by our Company (C.S.D)
. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.