INTRODUCTION
Welcome to the website of faciotech.com (hereafter referred to as the "Site").
The following terms and conditions (hereafter referred to as the "Terms
and Conditions") apply to the entire Site, and all of its divisions,
subsidiaries and affiliated Internet sites as applicable. Whenever you visit
the Site, you are confirming your understanding of the Terms and Conditions,
and your acceptance of them is obligatory in order for you to use the website.
The Site reserves the right, at any time, to make
changes or modifications to these Terms and Conditions. Any such changes will
be effective as of posting on the Site and no other notice shall be given. It
is essential for you to check these Terms and Conditions regularly to be aware
of updates. Your continued usage of the Site automatically confirms your
acceptance of any updates to the Terms and Conditions.
USE OF THE SITE
To access the Site you must be a minimum of 18 years
of age or undertake your access under the supervision of a parent or legal
guardian. Your usage of the Site is granted under the Terms and Conditions for
personal shopping only. No commercial use or purchasing on behalf of a third
party is allowed, unless you have received explicit permission from us in
advance. Any breach of the Terms and Conditions will result in the immediate
removal of your permission, without any notice, to use faciotech.com.
The content presented on the Site is provided for
informational purposes only, and any product representations on the Site are
made by the vendor and not by faciotech.com.
Submitted content or opinions express on the Site belong to the individuals
posting any such content and may not be an accurate reflection of the opinions
of faciotech.com.
A number of services or features presented on the Site
may involve registration or subscription. If you choose to register or
subscribe at any time, you agree to provide the Site with accurate and
up-to-date information, and to update this information should it subsequently
change. Users of the Site are solely responsible for securing the
confidentiality of their passwords and other identifying information. Each
account owner is solely responsible for the usage of their individual account
and password. Should any unauthorized use of your password or account occur,
you must notify us immediately. If you fail to comply with this section of the
Terms and Conditions, the Site has no responsibility or liability, whether
directly or indirectly, for any loss or damage incurred as a result.
When you register as a user of the Site, you will
automatically agree to receive promotional emails from the Site. If you wish to
opt out of this service, you can do so by clicking on the link contained at the
bottom of any such emails.
USER SUBMISSIONS
All content that you submit to the Site, collectively
known as “Submissions” and including, but not limited to questions, comments,
suggestions, reviews, etc, is the sole and exclusive property of the Site and
will not be returned to you. In addition, your act of posting content to the
Site (including but not limited to any of the above), automatically grants us
the right to use the name submitted by you in connection with this content. You
may not use any false or misleading information in relation to any Submissions.
We reserve the right to remove or edit any Submissions.
ORDER ACCEPTANCE AND PRICING
There are several scenarios in which orders may not be
able to be processed. An order may be refused or canceled for any reason at any
given time, and the Site reserves the right to do so. In order to process an
order, we may ask you to provide supplementary information or verification, and
this may include, but is not limited to, a phone number or address; we reserve
the right to only process the order after any such requested information is
provided.
In addition we reserve the right to verify your
payment details and personal information shared with us before delivering the
product to you, in order to avoid any credit or debit card fraud. This
verification process may require checking your identity, place of residence or
banking details. In any such verification process, if sufficient answers are not
received, or if we suspect any fraudulent use of bank cards, we reserve the
right to automatically cancel your order.
At faciotech.com we
are dedicated to ensuring accuracy in the pricing information shown on the
Site, but reserve the right to refuse or cancel any order in cases where a
pricing error has occurred. In such an event when an item’s price may have been
displayed incorrectly, we may, at our own discretion, either cancel the order
and notify you as such, or contact you for further instructions. The right to
cancel an order or refuse it applies even if the order has been confirmed and a
charge made to your bank card.
TRADEMARKS AND COPYRIGHTS
All intellectual property rights related to the Site
remain our property. These intellectual property rights encompass anything,
whether registered or unregistered, appearing on the Site, including
information and the entire website design; this content includes, but is not
limited to text, graphics, software, photos, video, music, sound, as well as
their selection and arrangement, and all software aspects and underlying source
code. The Site’s entire contents are also protected by copyright as a
collective work under the relevant Ghanaian copyright laws and international
conventions. All rights are reserved.
ARBITRATIONS
Any disputes, controversies, or differences arising
out of the implementation, interpretation or performance of these Terms and
Conditions, will be settled finally through arbitration by a single arbitrator
to be appointed in accordance with the rules of Chartered Institute of
Arbitrators. The arbitrator must be a legally trained person with experience in
the information technology field and independent of either party. The
arbitration will take place in Nairobi and proceedings will be conducted in
English. The decision of the arbitrator will be final and binding, and may be
entered in any court of competent jurisdiction and enforced in accordance with
the Arbitration Act 1995 Chapter No. 4. Notwithstanding the above, the Site
reserves the right to pursue the protection of intellectual property rights and
confidential information through injunctive or other equitable relief through
competent courts.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are to be interpreted and
governed by the laws in force in Ghana. Each party hereby agrees to submit to
the jurisdiction of the Ghanaians 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 immediately
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 to any other person as a result of any such termination or
suspension. If at any time you feel dissatisfied with the Site or with any of
its Terms and Conditions, rules, policies, guidelines, or practices of Faciotech’s in the Site’s operations, your sole and exclusive
remedy is to discontinue using the Site.