Welcome to BusinessMayor. By using BusinessMayor (including BusinessMayor and its related sites, services and tools), you agree to the following terms with BusinessMayor LLC. and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our help section.
This Agreement is effective on April 30, 2011, for current users, and upon acceptance for new users.
Community Guidelines & User Content
(A) Interactive Areas. BusinessMayor may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 17 years of age or older and, if you are under the age of 17, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on BusinessMayor, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and BusinessMayor.
(B) Community Guidelines.
If you submit any User Content or participate in an Interactive Area within or in connection with BusinessMayor, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without BusinessMayor's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any BusinessMayor employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about BusinessMayor’s users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt BusinessMayor or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of BusinessMayor, use of BusinessMayor, or access to BusinessMayor;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by BusinessMayor, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on BusinessMayor;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by BusinessMayor;
Any conduct that in BusinessMayor’s sole discretion restricts or inhibits anyone else from using or enjoying BusinessMayor will not be permitted. BusinessMayor reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. BusinessMayor is not responsible for User Content submitted to BusinessMayor or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of BusinessMayor.
(C) Monitoring. BusinessMayor shall have the right, but not the obligation, to monitor User Content posted or uploaded to BusinessMayor to determine compliance with these Terms of Service and any operating rules established by BusinessMayor and to satisfy any law, regulation or authorized government request. Although BusinessMayor has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to BusinessMayor, BusinessMayor reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to BusinessMayor at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to BusinessMayor, you automatically grant BusinessMayor the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant BusinessMayor the right to pursue at law any person or entity that violates your or BusinessMayor's rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by BusinessMayor or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release BusinessMayor, and its licensees, successors and assigns, from any claims that you could otherwise assert against BusinessMayor by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.
BusinessMayor and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off BusinessMayor transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users).
Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue BusinessMayor sites, services or tools.
Links to external websites
We are not responsible for the content of any linked website and cannot take responsibility for the consequences of your using the information or services on linked websites. We cannot guarantee that these links will work all of the time.
Our website does not endorse or favour any specific commercial product or business. Non-government sites linked to from this website are present only because they may be useful additions to the information we provide. A link to a third-party website does not imply endorsement - you must use your own judgement to decide whether the information or service on that website is suitable for your needs. If a website is not linked to ours, this does not mean or imply that it is unsatisfactory. The linked websites are regularly reviewed in the light of customer usage and feedback.
Websites that we link to may have Terms and Conditions that are different from ours. Do not assume that our Terms and Conditions apply to other websites.
Online services, transactions and payments
When using this website you may access or follow links to a number of online services or transactions, for example online services provided by a range of government departments, agencies or authorities. Each of these services may have its own Terms and Conditions or end user licences that apply only to that service. Users of any service should ensure that they read the relevant terms and conditions.
We cannot guarantee the availability of any particular service either provided by us or by another government department or agency.
When applicable, payments are taken by government departments, agencies or authorities. Any disputes over such payments or fees requested and obtained via this website must be taken up with the relevant organisation.
Transactions, for example license applications, are processed by the relevant government department, agency or authority. This site is not responsible for any loss or damage, including loss of earnings or incurred expenses, as a result of any delay in processing.
User accounts, ID and password
Your User ID and password are very important pieces of information and it is your responsibility to keep them secure. You agree to:
• choose a new password whenever you are required to do so
• keep your User ID and password confidential
• be responsible for any transactions made by users you have authorized to use your User ID and password
If you suspect your User ID and password has been or may be used by unauthorized persons you must notify us immediately using the Feedback Form.
You are responsible for the management of information in your account. Where you use relevant services, such as local authority licence applications:
• we cannot recover any application documents you choose to delete from your account
• it is your responsibility to log into your account to check the progress of your application
• we cannot be held responsible for the content of communications between you and third parties when using the message box in your account
Security and virus protection
No data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, such transmission is at your own risk. We will not be liable for any damages or loss arising out of or resulting from any unauthorised access to, alteration to or modification of information contained on this website.
We make every effort to check and test our website during production. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. It is always wise for you to run an anti-virus program on anything you download from the internet.
We accept no liability for any loss, disruption or damage to your computer system or your data caused by using this website or arising as a result of having used the website.
When uploading documents to this website you must take every reasonable precaution to prevent the spread or diffusion of any software contamination including computer viruses.
BusinessMayor contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BusinessMayor are copyrighted as a collective work under the copyright laws of Ghana. BusinessMayor owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BusinessMayor and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Third Party Content.
BusinessMayor is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of BusinessMayor, are those of the respective author(s) or distributor(s) and not of BusinessMayor. Neither BusinessMayor nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through BusinessMayor represents the opinions and judgments of the respective user or information provider not under contract with BusinessMayor. BusinessMayor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BusinessMayor by any third party. Under no circumstances will BusinessMayor be liable for any loss or damage caused by your use or reliance on information obtained through BusinessMayor. BusinessMayor is not responsible for any actions or inaction on your part based on the information that is presented on BusinessMayor. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BusinessMayor. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Advertisements and Promotions
BusinessMayor may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than BusinessMayor, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. BusinessMayor is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
Buyers and sellers share the responsibility for making sure purchases facilitated by BusinessMayor are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the BusinessMayor Buyer Protection Policy with respect to claims. We may suspend the BusinessMayor Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
We require BusinessMayor sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with BusinessMayor under the BusinessMayor Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes)and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for a BusinessMayor claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Business Buyer Protection Policy. In addition:
• Sellers must have a reimbursement method on file with BusinessMayor.
• Sellers agree to allow us to remove funds from their accounts for amounts due to buyers. Sellers may change this reimbursement method by contacting BusinessMayor. However, we reserve the right to continue using seller accounts for BusinessMayor Buyer Protection cases associated with BusinessMayor transactions paid for before the change.
• Sellers agree to allow us to charge the payment method they designate for amounts due buyers.
Changing a reimbursement method will not affect BusinessMayor's use of a payment method on file for other purposes (such as payment of your BusinessMayor fees). If sellers do not provide BusinessMayor with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
Correcting Mistakes in Payments to Buyers or Sellers.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous BusinessMayor Buyer Protection refund or reimbursement.
Fees and Services
Joining BusinessMayor and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the eBay site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
Unless otherwise stated, all fees are quoted in Ghanaian Cedis. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your account balance.)
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including BusinessMayor users). You may use catalog content solely in connection with your BusinessMayor listings during the time your listings are on BusinessMayor's sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all BusinessMayor policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold BusinessMayor responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to BusinessMayor by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.
Additionally, you agree that you will not:
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of BusinessMayor and the appropriate third party, as applicable;
• interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
• bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
By listing an item on BusinessMayor’s sites, you agree to pay BusinessMayor’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on BusinessMayor’s sites, your listing will be posted on BusinessMayor’s sites and can be viewed in My BusinessMayor. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so BusinessMayor can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in BusinessMayor’s Help Pages.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be to the email address you provide to BusinessMayor during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
We, our suppliers and employees are not liable for any loss or damage arising from your use of, or reliance upon the information contained on our website, or any failure to comply with these terms and conditions, where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on an occasion, this does not mean that those rights will automatically be waived on any other or subsequent occasion.
If any part of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
This website and the use of it are governed by the laws of Ghana. The Ghanaian courts shall have exclusive jurisdiction over any disputes connected to or arising out of use of the website.
If you use information or services provided on this website from outside Ghana, you are responsible for ensuring your use conforms to local laws as well as the laws of Ghana.