Terms and Conditions
Terms and Conditions
  1. INTRODUCTION

1.1. These terms and conditions contain the obligations that you agree to undertake by signing unto and using our app/website and other affiliated services provided on our Platform.

1.2. MyShabo.com is a company registered under the laws of Ghana with its object as a business platform that connects people to others who can provide them with services they need. The Company has developed an app/website that will provide a Platform for its Users to contract with each other for the provision of services or goods as the case may be, as per their skills/abilities while earning some money for those service/goods provided. 

1.3. In these terms the following are given the meaning ascribed below:

  1. Company - refers to MyShabo.com
  2. Tasker - is used in this agreement to refer to any person who registers and or signs up to provide a service to Clients via the Company’s app/website.
  • Client - is used in this agreement to refer to any person who registers and or signs up to use the services provided by Taskers via the Company’s app/website as referred to in Clause 1.2 above.
  1. User - may be used to denote a Client or a Tasker.
  2. Applicable Law - refers to the laws of Ghana currently in force and which may come into force after you agree to these terms.
  3. Task/Service – is used interchangeably to refer to what Users contract for on the app/website.

 

 

  1. COPYRIGHT

2.1. The Company owns the copyright as well as any mark and other intellectual property associated with the app/website and for the purposes of fulfilling its obligations under these Terms and Conditions agrees to the use of its copyright by the User for these express functions only:

  1. To contact other users for the purpose of contracting with them for services or goods.
  2. For the resolution of disputes related to the use of the app/website

 

2.2. The User may not engage or do the following acts unless user owns or controls the relevant rights in the material:

(a) republish material from our website (including republication on another app/website);

(b) sell, rent or sub-license material from our app/website;

     (c)   exploit material from our app/website for a commercial purpose; or

(d) re - distribute material from our app/website.

2.3. The Company may at its discretion and without notice to the User, restrict User’s access to areas of Company’s app/website, or indeed the whole app/website where the User breached any of obligations assigned in this Agreement. In such circumstances, Users may not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our app/website.

2.4. Further to Clause 2.3 above and to Clause 6.1 hereto, the Company may undertake any of these actions:

 (a)     suspend User’s account;

(b)      cancel User’s account

  1. REGISTRATION AND ACCOUNTS

3.1     To be eligible for an account on the Company’s app/website under this Clause, User must be resident or situated in Ghana.

3.2     The User may register for an account by completing and submitting the account registration form on the app/website, and where relevant clicking on the verification link in the email that will be sent to the User afterwards.

3.3     The User must not allow any other person to use your account to access the website.

3.4     User must immediately notify the Company using any of its contact avenues provided hereto immediately User becomes aware of any unauthorized use of your account. If a notification cannot be made immediately, the User may do so as soon as practicable.

3.5     Users may not use any other person's account to access the app/website except where the User has obtained that person's express authorization to do so.

3.6     Every User who registers for an account with our app/website will be required to choose a User ID and password.

3.7  In accordance with the User’s warranties set out in Clause 6 hereto, every user who registers an account shall provide as part of the registration process, a valid identity card acceptable and recognized under the laws of Ghana; which shall include a driver’s license, passport, voters id or such other document.

3.8     Users agree that their User ID will not be used to mislead and must comply with the content rules set out in this agreement; you must not use your account or user ID for or in connection with the impersonation of any person.

3.9  All User passwords must be kept confidential.

3.10  Users must notify the Company in writing immediately the User becomes aware of any disclosure of your password.

3.11   Users are accountable for any activity on our app/website arising out of any failure to keep passwords confidential, and may be held liable for any losses arising out of such a failure.

  1. USER CONTENT LICENSE

4.1     In these terms and conditions, "user content" means the information or data that you submit to the app/website for storage or publication on, processing by, or transmission via, our app/website.

4.2     By putting up such content you agree to grant to the Company an irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media in relation to this website.

4.3     You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

4.4     Users may edit your content to the extent permitted using the editing functionality made available on our website.

4.5     Without prejudice to the other rights of the Company under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. PAYMENTS AND BILLING

5.1    By agreeing to these terms and conditions, you undertake and accept that the     Company will provide an interface for payment to be made to the appropriate User after the completion of a task or service.

 

5.2  Further to Clause 5.1 above, User accepts that the User will be required to provide financial information to third party financial institution to process payments made for services contracted for by Users on the app/website.

 

5.3  The Company warrants that data provided in this regard will be processed in accordance with the applicable law as specified in Clause18.2 hereto.

 

5.4   Users are entirely responsible for the invoices or bills raised and relating to services/tasks contracted for on the app/website and such invoices may take into account the following where necessary:

  1. pricing terms for the task
  2. any extra expenses that may arise and which is agreed to by the Users contracting
  • the service charge due and payable to the Company for the use of its app/website
  1. any applicable taxes
  2. service charges due and payable to the financial institution as described in this agreement
  3. cancellation fees

 

5.5   User accepts that where payment has been made for a service contracted for under these terms, the Company has oversight to authorize payment to the User who has performed the task upon confirmation by the User requesting the service/task that the task has been completed to satisfaction.

 

5.6 User accepts that for every successfully completed task/service the Company will retain a service charge for the use of the Company’s app/website and affiliated services.

 

5.7 User accepts that the Company has a duty to prevent the perpetration of fraud and in that regard, User accepts that the financial institution will validate a payment transaction where necessary.

 

5.8  In furtherance of its objective to prevent the perpetration of fraud, the Company retains the right to report to the appropriate authorities when it becomes aware of any potential fraudulent activity.

 

  1. USER WARRANTIES

6.1     The User warrants and represents that all content put up by the User will comply with these terms and conditions.

6.2  User warrants that the User has attained the requisite legal age and is able to contract and be contracted with and further that the User has capacity to enter into these Terms and Conditions.

6.3     User’s content must not be illegal or unlawful; must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

6.4     User warrants that content that will be put up, and the use of such content by the Company in accordance with these terms and conditions, will not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under the Data Protection Act, 2012 (Act 843);

(e)      contain any negligent statement;

(f)      constitute an incitement or instructions for the commission of a crime or the promotion of criminal activity;

(g)      be in contempt of any court, or in breach of any court order;

(h)     be in breach of racial or religious hatred or discrimination legislation contained in the Constitution 1992 or any other legislation;

(i)       be in breach of any contractual obligation owed to any person;

(j)       depict violence in an explicit, graphic or gratuitous manner;

(k)      be pornographic, lewd, suggestive or sexually explicit;

(l)       be untrue, false, inaccurate or misleading;

(m)    consist of or contain any instructions, advice or other information which may, if acted upon, cause illness, injury or death, or any other loss or damage;

(n)  be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.

  1. COMPANY’S LIMITED WARRANTIES

7.1     The Company does not represent or warrant:

(a)      the wholeness or accuracy of the information published on the Company’s app/website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

(d)   that any User is able to perform those services for which they contract or are contracted.

(e)   that Users who contract to perform services for other Users on the App/website are qualified for the services which they agree to offer.

7.2     The Company reserves the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, Users will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if the Company stops publishing the website.

7.3     To the maximum extent permitted by applicable law and subject to Clause 8.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our app/website and the use of our app/website.

  1. LIMITATIONS AND EXCLUSIONS OF LIABILITY

8.1     Nothing in these terms and conditions will:

(a)      limit or exclude any liability of the User for death or personal injury resulting from negligence on the part of that User herein; or

(b)      limit or exclude any liability of the User for fraud or fraudulent misrepresentation by that User;

8.2     The limitations and exclusions of liability set out in this Clause and elsewhere in these terms and conditions:

(a)      are subject to Clause 8.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

8.3     To the extent that the Company’s app/website and the information and services thereon are provided free of charge, the Company will not be liable for any loss or damage of any nature.

8.4   The Company will not be liable to Users in respect of any losses arising out of any event(s) beyond our reasonable control.

8.5     The Company will not be liable to Users in respect of any business losses, including but not limited to loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.6     The Company will not be liable to Users in respect of any loss or corruption of any data, database or software.

8.7     The Company will not be liable to Users in respect of any special, indirect or consequential loss or damage.

  1. BREACHES OF THESE TERMS AND CONDITIONS

9.1     Without prejudice to the Company’s other rights outlined under these terms and conditions, the Company may where it reasonably suspects that a User has breached these terms and conditions in any way:

(a)      send the User one or more formal warnings;

(b)      temporarily suspend the User’s access to the app/website;

(c)      permanently prohibit User from accessing the app/website;

(d)      commence legal action against the User, whether for breach of contract or otherwise; and/or

(e)      suspend or delete the User’s account on the app/website.

  1. VARIATION

10.1   The Company may periodically revise these terms and conditions.

10.2   Where the terms and conditions are revised as per Clause 10.1 above, the revised terms and conditions shall apply to the use of the app/website from the date of publication of the revised terms and conditions on the website, and Users hereby waive any right to be notified of, or to consent to, revisions of these terms and conditions.

  1. ASSIGNMENT

11.1   The User hereby agrees that the Company may assign, transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions.

11.2   The User may however, not without the Company’s prior written consent assign, transfer, sub-contract or otherwise deal with any of the rights and/or obligations attached under these terms and conditions.

  1. SEVERABILITY

12.1   If a provision of these terms and conditions is determined by any Court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

12.2   If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. THIRD PARTY RIGHTS

13.1   A contract under these terms and conditions is for the benefit of both the Company and Users; and is not intended to benefit or be enforceable by any third party.

13.2   The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

 

  1. DISPUTE RESOLUTION

14.1 Users agree and accept to submit to the Company’s dispute resolution mechanism in the first instance when a dispute so arises in relation to the performance of a service/task contracted for between Users before pursuing any other modes of dispute resolution.

14.2 Where a dispute has arisen as in Clause 14.1, either of the parties to that contract may lodge a complaint to trigger the dispute resolution process.

14.3  When a complaint is lodged by a User under this Clause, the Company will contact both users involved in the transaction or contract giving rise to the dispute and undertake a mediation process which will be spearheaded by any of the Company’s officers or employees appointed for that purpose.

14.4  Where the parties to the dispute agree on some terms of settlement after subjecting to mediation as described herein, it shall constitute a binding and fresh agreement between the parties.

  1. COMMUNICATIONS

15.1  Users agree that by providing their contact information during registration, they may be contacted by the Company or other Users either via telephone calls and text notifications as well as emails in relation to the fulfilment of the these terms and conditions.

15.2  Users agree to receive promotional messages from the Company at any email addresses, mailing addresses, or phone numbers provided by the User at any time or obtained through other lawful means. 

  1. ENTIRE AGREEMENT

16.1  These terms and conditions together with our privacy policy shall constitute the entire agreement between the parties in relation to  the use of the app/website and shall supersede all previous agreements between the parties in relation to your use of the app/website.

  1. LAW AND JURISDICTION

17.1   These terms and conditions shall be governed by and construed in accordance with Ghanaian law.

17.2   Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Ghana subject first to the submission of the dispute to mediation.

  1. STATUTORY AND REGULATORY DISCLOSURES

18.1   The Company is an LLC (limited liability company) registered under the laws of Ghana with the Registrar General’s Department and having fulfilled all statutory obligations required by the Office, the Company has been issued with the appropriate certificates to undertake its objects.

18.2   We are subject to the Data Collection Commission and have complied with all the Commission’s requirements.

  1. OUR DETAILS

19.1   This website is owned and operated by myshabo.com

19.2   We are registered in Ghana and our registered office is at  No 10 Ga West Road, Near Happy Home Academy, Pokuase, Accra, Ghana. GW 0171-8794

19.3   You may contact us:

(a)      by post, using the postal address given below;

  • P.O. Box SK 1116, Sakumono, Accra

(b)      using our website contact form;

(c)      by telephone, on the contact number published on the app/website from time to time; or

(d)      by email, using the email address published on our website from time to time.