LinkUP (“Link Services Limited” or “we”) operates an E-commerce Platform consisting of a Website and Mobile application (“marketplace”), together with supporting logistics and payment system, for the sale and purchase of consumable products in Ghana. These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between LinkUP, its affiliated companies (together, the “Link Services Limited”, “we”, “us”) and you.

Please read these Terms carefully; the Terms and Conditions …
If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.

Please also review our (Privacy Policy – LinkUP). The terms of the Privacy Policy and other supplemental Terms, Rules, Policies or Documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice. In any case, notice shall be given after changes or updates to our terms and conditions of use on our website and mobile application platform.

By using our marketplace, you accept these general terms and conditions in full, If you disagree with these General Terms and Conditions or any part of these General Terms and Conditions, you must not use our “marketplace”.

You may not register with our “marketplace” if you are under 18 years of age (by using our
“marketplace” or agreeing to these General Terms and Conditions, you warrant and represent to us that you are at least 18 years of age or under the guidance of someone 18 years and above).

You may create an Account as an individual or as an authorized representative of a company or organization in which you are permitted to act on their behalf.

You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of Security.

We cannot and will not be Liable for any Loss or Damage arising from your failure to comply with the
above requirements.

These are the terms and conditions underlying our services “we” “LinkUP” offer to our

Vendors/Sellers

• Ensure you are 18 years and above and you have a product or a service you want to provide
  to people as a person or acting on behalf of an organization or corporate entity.
• “LinkUP” provides you a ”marketplace” to sell your products to millions of buyers across the globe and build your brand.
• “LinkUP” outmost priority is to protect the interest of both Vendors/Sellers and Customers/Buyers at all cost.

Vendor must acknowledge and agree to the following;

• The ”marketplace” provides an online platform for sellers to publish their products with full details and prices and buyers to make orders and delivered to their houses/offices.
• We “LinkUP” shall accept binding sales on behalf of Vendors/sellers, but we
  “LinkUP” shall not be a party to the transaction between the Vendor and the Customer.
• A contract for the sale and purchase of a product/products will come into effect between the Vendor and Customer, and accordingly you commit to buying or selling the relevant
  product/products, upon the Vendor’s confirmation of purchase via the Shopping Center on
  LinkUP.
• Subject to these General Terms and Conditions, all Vendors have their business Terms and Conditions of purchase which governs their contract agreement between them and the Customer. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the Vendor and the Customer:
• The price for a product will be as stated in the relevant product listing.
• The price for the product must include all taxes and comply with applicable laws in force from time to time; delivery fees, packaging fees, handling fees, administrative fees.
• “LinkUP” provides different payment system for orders placed on the system for customers to choose from.
• Vendors are paid for their items sold on “LinkUP” within 48hrs after the product is delivered to ensure the customer is satisfied with the product and won’t be returning it.

• Do not make payment to any person(s) or Account apart from the payment systems
  provided by LinkUP during the order processing.
• Only make online payment to “LinkUP” online payment system and not to the vendor directly or any other person.
• Once you place your order, ensure to check the delivery date for the product. The delivery date may differ from item to item based on the locations of the vendor/Seller.
• Different delivery fees may apply to your order based on your location.
• Check the product very well for breakages, shortages, wrong product and if not satisfied, issue a refund request on our refund page before you break the seal, else refund won’t be
  accepted and granted.

Refunds/Exchanges in respect of returned products shall be managed in accordance with the refund/exchange page on the ”marketplace” as may be amended from time to time. Our rules on
refunds shall be exercised in our discretion, subject to applicable laws of the Country.

We may offer refunds/exchanges, in our discretion:

• In respect of the product price
• By way of exchanging for a different product
• By way of ordering for a similar product of the same price if the previous product is out of stock
• By way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or
  other method as we may determine from time to time.
• Returned products shall be accepted and refunds issued by LinkUP, for and on behalf of
  the seller.
• Changes to our returns/exchanges page or refunds page shall be effective in respect to all purchases made from the date of publication of the change on our website and app.
• All charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing.
• Products must be of high and standard quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer.
  
• The Vendor warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

1. Registration to our marketplace comes with a one time fee stated at the Vendor Registration Page.

• This covers photoshoot of your products, editing and posting of your products, stickers and flyers of LinkUP, training manuals, marketing of your products on all our associate platforms etc.

2. The usage LinkUP platform may contain payable services, for instance, we may set limits for publishing products in certain categories or offer advertisement and promotion options for your products on ”marketplace”.

3. The fees we charge for using payable services and payment methods accepted by us are disclosed on the ”marketplace”.

4. We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for the purposes of our services.

1. By using the Service, you warrant and agree that;

a) You have a legal capacity and you agree to comply with the Terms;
b) If you register yourself as a representative of a legal entity, you are authorized by the company to enter into agreement with us and with users of the Platform;
c) You are above 18 years of age;
d) You will or have provided accurate, and complete information in your Account;
e) You will update your information on your Account to maintain its truthfulness,
accuracy, and completeness;
f) You will immediately change data for accessing to the Platform, if you have a
suspicion that your Account access is breached.
g) You will notify the LinkUP Support of any unauthorized access to your Account;
h) You will not provide any false or misleading information about your identity or
location in your Account;
i) You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;

2. In these general terms and conditions, “your content” means:

I. All your works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us(LinkUP) or our ”marketplace” for storage or publication, processing by, or onward transmission; and

II.  All communications on the Shopping Center, including product reviews, feedback and comments.

 

3. Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.

4. Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior on the internet, and must not;

a) Be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
b) Depict violence in an explicit, graphic or gratuitous manner; or
c) Be blasphemous, in breach of racial or religious hatred or discrimination legislation;
d) Be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
e) Cause annoyance, inconvenience or needless anxiety to any person; or
f) Constitute spam
g) Offer other services contradicting moral or legal norms;
h) services, provision of which is prohibited by the applicable law;
i) information of solely promotional nature with no offers of specific goods or services;
j) counterfeit and imitated goods or unauthorized copies.
k) Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen;
l) direct or indirect references to any other web sites, references or information about websites competing with the Platform;

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

Your content must not infringe or breach:

i. Any copyright moral right, database right, trademark right, design right in passing off or other intellectual property right.

ii.  Any right of confidence, right of privacy or  right under data protection legislation;

iii. Any actual obligation owed to any person; or

iv. Any court order.

 

6. You must not use our ”marketplace” to link to any website or web page consisting of or containing material that would, were it posted on our ”marketplace”, breach the provisions of these general terms and conditions.

7. You must not submit to our ”marketplace” any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

8. The review function on the Shopping Center may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.

9. You must not interfere with a transaction by:

a) Contacting another user to buy or sell an item listed on the ”marketplace” outside of the ”marketplace”
b) Communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item
c) Contacting another user with the intent to collect any payments.

10. You acknowledge that all users of the Shopping Center are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.

11. We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.

12. If you learn of any unlawful material or activity on our ”marketplace”, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us.

1. Any user on LinkUP ”marketplace” may;

• View pages from our website (www.linkup.com.gh) in a web browser;
• Download pages from our website for caching in a web browser;
• Print pages from our website for your own personal and non-commercial use,
• providing that such printing is not systematic or excessive;
   Stream audio and video files from our website using the media player on our website;
• Use our ”marketplace” services by means of a web browser, subject to the other provisions of these general terms and conditions.

2. Unless expressly permitted above or the other provisions of these general terms and conditions, you must not in any circumstances download any material from our website or save any such material to your computer for any use.

3. You may ONLY use our website for your own personal and business purposes in respect of selling or purchasing products on the ”marketplace”

4. Unless expressly permitted by these general terms and conditions, you must NOT under any circumstances edit or otherwise modify any material on our website or mobile application for personal or any use.

5. Unless you own or control the relevant rights in the material, you must not;

• Republish material from our website to any other website
• In anyway sell, rent or sub-license material from our website;
• In anyway show any material from our website in public;
• Exploit material from our website for a commercial purpose;
• Redistribute material from our website to any other platform. 

6. Notwithstanding the above, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person(s).

7. We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

8. You must not;

• Use our website in anyway or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
• Use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
• Hack or otherwise tamper with our website;
• Probe, scan or test the vulnerability of our website without our permission;
• Circumvent any authentication or security systems or processes on or relating to our website;
• Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
• Impose an unreasonably large load on our website resources including; bandwidth, storage capacity and processing capacity;
• Decrypt or decipher any communications sent by or to our website without our permission;
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
• Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
• Use our website except by means of our public interfaces;
• Violate the directives set out in the robots.txt file for our website;
• Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing);
• Do anything that interferes with the normal use of our website.

1. Customers/Buyers agree to processing of their personal data in accordance with the terms of LinkUP’s Privacy and Cookie Notice.

2. LinkUP shall process all personal data obtained through the ”marketplace” and related services in accordance with the Terms of our Privacy and Cookie Notice and Privacy Policy.

3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise
such rights.

4. Vendors/Sellers shall be directly responsible to Customers/buyers for any misuse of their personal data and LinkUP shall bear no liability to Customers in respect of any misuse by Vendors of their personal data.

Subject to the express provisions of these general terms and conditions;

• We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
• All the copyright and other intellectual property rights in our website and the material on our website are reserved.
• LinkUP’s logos and our other registered and unregistered trademarks are trademarks belonging to us “LinkUP”; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
• The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

1. By using our ”marketplace” you acknowledge that;

• we do not confirm the identity of all ”marketplace” users, check their credit worthiness or otherwise vet them before using our ”marketplace”;
• we do not check, audit or monitor all information contained in listings posted by vendors/sellers;
• we are not party to any contract for the sale or purchase of products advertised on the ”marketplace”;
• we are not involved in any transaction between a vendor and a customer in any way, we facilitate a ”marketplace” for buyers and sellers and process payments on behalf of vendors/sellers;
• we are not the agents for any vendor or customer, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our ”marketplace”; also, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

2. We do not guarantee or represent;

• Completeness or accuracy of the information published on our ”marketplace”;
• That all material on the ”marketplace” is/are up to date
  
• that the ”marketplace” will operate without fault or technical challenges;
•  that the ”marketplace” or any service on the ”marketplace” will remain available forever.

3. We reserve the right to discontinue or alter any or all of our ”marketplace” services, and to stop publishing our ”marketplace”, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the
discontinuance or alteration of any ”marketplace” services, or if we stop publishing the ”marketplace”.

4. We do not guarantee any commercial results concerning the use of the ”marketplace”.

1. Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and LinkUP does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that LinkUP may retain copies of all registration information and the User Content and use such information and the User
Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

2. You grant LinkUP a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, public display and distribute your content across our ”marketplace” and Marketing Channels for the purposes of our Services.

3. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties to our services on our platforms.

4. Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. (“Materials“) and trademarks, service marks and logos included in it (“Marks“) belong to or are licensed by LinkUP representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of LinkUP is not allowed.

5. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to LinkUP requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

•  We aim at protecting both our Vendors and Customers and reserve the right to perform due diligence and checks on all users of the ”marketplace”.
• You agree to provide to us all such information, documentation and access to your business premises as we may require:
•  In order to verify your cooperation to, and performance of, your obligations under this Agreement;
• For the purpose of disclosures pursuant to a valid order by a Court or other Governmental Body; or
• As otherwise required by law or applicable regulation.

1. All Verified Vendor accounts remain active and opened on our ”marketplace” indefinitely, subject to these General Terms and Conditions.

2. If you breach these General Terms and Conditions in anyway, or if we in anyway suspect that you have breached these General Terms and Conditions or any LinkUP Codes and Conducts, Policies or Guidelines in any way, we may…

• Remove parts of your content that goes against our policy without your permission
• Temporarily suspend your access to our ”marketplace”.
• Permanently prohibit you from accessing our ”marketplace”.
• Block computers using your IP address from accessing our ”marketplace”.
• Contact any or all of your internet service providers and request that they block your access to our ”marketplace”
• Suspend or delete your account on our ”marketplace”.
• We may commence legal action against you, whether for breach of contract or otherwise based on the nature of the breaches.

 

3. Where we suspend, prohibit or block your access to our ”marketplace” or a part of our ”marketplace” you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

1. You hereby indemnify us, and undertake to keep us indemnified, against:

• Any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our ”marketplace” or any breach by you of any provision of these general terms and conditions or the LinkUP codes and conducts, policies or guidelines; and
• Any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through our marketplace, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due
  in any jurisdiction.

2. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or
employees in respect of any losses you suffer in connection with the ”marketplace” or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

3. Our ”marketplace” includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

4. Always note that, once you move out of our website by clicking on links to any third party website, their terms and conditions may apply which is different from our terms and conditions.

5. In no event shall we (LinkUP) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms. Access to, and use of, the service, and third-party ads are at your own discretion and risk, and you will be solely responsible for any damages.

These Terms shall be governed in accordance with the laws of Ghana. Any dispute, controversy or claim arising out of or in connection to this contract, or breach, termination or invalidity thereof shall be settled by the Ghana Arbitration Centre in accordance with its Rules. The language to be used in the arbitral proceedings shall be English

The LinkUP ”marketplace” is operated by Link Services Limited. A Limited Liability Company registered in Ghana under the Company’s Act 992 2019.

Our Office is Located at;

Homowo Avenue,

Bubuashie White House Junction,

Keneshie – Accra,

Ghana.

 

You can contact us by using our ”marketplace” contact form and also on all our social media handles.

Call our office line +233 23 593 81572

Call/WhatsApp : 0505696879

Email: info@linkup.com.gh