Terms of Use

1. INTRODUCTION
1.1 We", "Our", "Us" refers to "hellomerkato.com”, its subsidiaries, employees, officers, agents, affiliates or assigned parties. "Our web site" refers to www.hellomerkato.com
1.2 These terms of use are deemed to include our privacy policy and are collectively known as the "Terms".
1.3 When you use our Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must not use this Site. A reference to "you" or "your" is a reference to the user of this Site.
1.4 Certain uses of this Site are prohibited and amount to a misuse of our systems and the Site. Please refer to clause 3 for further details.
2. OUR RIGHTS AND INTELLECTUAL PROPERTY
2.1 The copyright and all other intellectual property rights in this Site (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us or our licensor(s). All rights are reserved.
2.2 Subject to clause 3, you may download material from this Site for the sole purpose of using this Site. However, you must not copy, transmit, modify, republish, store (in whole or in part), frame, pass-off or link to any material or information on or downloaded from this Site without our prior written consent.
2.3 This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only.
2.4 The details of the listings available on this Site are provided to us by third parties, for your information only. We do not verify the details provided to us and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you do so at your own risk. We recommend that you check all details with the advertising entity before making any decisions or taking any action regarding a listing advertised on our Site.
3. YOUR OBLIGATIONS AND CONDUCT
3.1 You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this Site and that your computer system is compatible with this Site.
3.2 You must not misuse our system or this Site. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this Site, or attempt to carry out any of the foregoing. This includes introducing viruses, Trojans, worms, logic bombs or other material, which is or could be malicious or technologically harmful.
3.3 You must not use or attempt to use any automated program. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly prohibited.
3.4 You must not include links to this Site in any other Site without our prior written consent. You may link to our home page at www.hellomerkato.com, provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.
3.5 You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the Site.
3.6 Whenever you make use of features that allow you to upload content to our Site, or to make contact with other users via our Site, you must comply with the content standards set out in these Terms. Please see clause 4 below. You warrant that any such contribution does comply with the standards mentioned in clause 4 and you will be liable to us and indemnify us against any breach of this warranty.
4. INTERACTIVE SERVICES AND CONTENT
4.1 All content uploaded to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our Site breaches those third parties’ legal rights.
4.2 All content that you upload to our Site must:

  • Be accurate (facts and images);
  • Be genuinely held (where you state opinions); and
  • Comply with the applicable law of the country from which they were posted.
4.3 Your content must not:
  • Contain any material which is defamatory of any person;
  • Contain any material which is obscene, offensive, hateful, discriminatory, unethical, immoral or inflammatory; or
  • Contain any material, which does or could potentially infringe the intellectual property rights of a third party.
4.4 We will determine in our discretion whether there has been a breach of this clause 4. Where a breach of this policy has occurred we may take such action, as we deem appropriate. This action may include the following:
  • Immediate, temporary or permanent withdrawal of your right to use our Site;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site;
  • Further legal action against you; and
  • Disclosure of such information to law enforcement or authorities as we reasonable feel necessary.
4.5 In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Site at any time without notice and without having to give a reason.
5. ACCESS RESTRICTION FROM THE SITE
We reserve the right to block users from this Site and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user.
6. REGISTRATION
6.1 To receive details of advertisement on this Site, you may have to submit a registration form to us; we will confirm your registration by sending you an email containing your account ID.
6.2 Each registration is for a single user only. You must not share your username and password with any other person or with multiple users on a network.
6.3 All information provided for the purposes of registering with us must be accurate and complete.
6.4 You accept sole responsibility for all use of and for keeping secret any account ID and password that may have been given to you or chosen by you for use on this Site. You will notify us immediately of any unauthorized use of them or any other breach of security of this Site of which you become aware.
7. WARRANTY
7.1 Our aim is to ensure that any material available for downloading from this Site is not contaminated in any way, however we do not warrant that such material will be free from infection, viruses and/or similar code.
7.2 Due to the nature of software and the Internet, we do not warrant that your access to, or the running of, this Site will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.
7.3 The information provided on this Site is for general interest only and does not constitute specific advice from us.
7.4 We make no warranties or representations that the information on the Site is correct, accurate or up-to-date.
7.5 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
8. LIABILITY
8.1 Nothing in these Terms will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation.
8.2 Subject to clause 8.1, we will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.
8.3 Subject to clause 8.1, we do not accept any liability for loss of your password or account ID caused by a breakdown, error, and loss of power or otherwise caused by or to your computer system.
8.4 We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorized access to our system and this Site. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. Subject to clause 8.1, we shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorized access to our system or this Site.
8.5 Subject to clause 8.1, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), and breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:
8.5.1 Use of, or inability to use, our Site; or
8.5.2 Use of or reliance on any content or information displayed on our Site.
8.6 Subject to clauses 8.1 to 8.5 inclusive, if you are a business we shall not be liable to you for:
  • Any indirect, consequential, special or punitive loss, damage, costs and expenses;
  • Loss of profit
  • Loss of business;
  • Loss of reputation;
  • Depletion of goodwill;
  • Loss of, damage to or corruption of data.
8.7 Subject to clause 8.1 to 8.5 inclusive, if you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.8 We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or any website linked to it.
8.9 When you use the "contact forms" on this Site to enquire about an ad, your details (including your email address) will be sent by email directly to the agent, or advertiser. 
We do not accept any liability for any subsequent communications that you receive directly from that agent or advertiser.
9. GOVERNING LAW
Any claim relating to the Site shall be governed by the laws of Ethiopia.
10. SERVICE AGREEMENT TERMS
"You", "Your" or "the Client" refers to you as the user of the HelloMerkato Internet Service (the "Service")
10.1 You may terminate this Agreement before the end of the contracted term under the condition that your account has been active for a minimum of three (3) months and a thirty (30) days written notice is provided.
10.2 This Agreement shall have a Term of twelve (12) months starting from the date mentioned in the Advertising Agreement unless stated otherwise.
10.3 Following the expiry of the Term of your Agreement, the content you provided will be removed
10.4 We may terminate this Agreement at any time for any reason provided that forty (48) hours written notice has been provided to you. Should you continue to use the Service following termination of the Agreement, you shall remain liable for any and all costs incurred by you.
10.5  Without limiting our other rights, we may immediately suspend or temporarily remove details of any ad uploaded by you to our web site or terminate this Agreement if:
10.6 You fail to pay any fees or charges due to us by the due date;
10.7 You breach any part of this Agreement and fail to rectify that breach within forty (48) hours of our giving notice requiring rectification;
10.8 The provided material is false or misleading;
10.9  You enter into bankruptcy, liquidation, administration, receivership, a composition of arrangement with your creditors, or appoint a receiver or manager over all or any part of your assets or become or are deemed to become insolvent; or
10.10 You are in a partnership, are dissolved or an application to dissolve is filed, or if you are a company, are wound up or an application for winding up is filed.
It is understood and agreed that termination of this Agreement pursuant to these clauses do not relieve you of your obligations and liabilities and we reserve our right to enforce such obligations and liabilities in any event.
11. PAYMENTS
Online payment, full payment in advance or payment by Post Dated Checks (PDCs) are the only methods of payment for this Agreement. The fees are stated in the Agreement and will not change throughout the Term of the Agreement.
12. REFUND & CREDIT POLICY
The client has the right to a refund under the following circumstances:
  • If a duplicate transaction is received for any paid content on the site. In this case, the duplicate portion of the payment will be credited for future use.
  • In cases of fraudulent or disputed transactions, the customer should refer to their payment services provider.
Any checks issued by the Client that gets stamped for insufficient funds or is rejected for any other reason will incur a 50 USD equivalent administration fee for each offence payable by the Client to HelloMerkato.
13. GENERAL
13.1 Subject to above clauses, this Agreement and any other expressly incorporated documents constitute the entire agreement between the parties.
13.2 HelloMerkato reserves the right to amend its terms of business from time to time.
13.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
13.4 The Client may not assign, transfer or share its rights and/or obligations under this Agreement without HelloMerkato’s written consent.
13.5 Any notice given may be served personally or by email to the last known email provided to HelloMerkato. It is the Client’s responsibility to promptly update HelloMerkato of any changes of contact details. Such notice shall be deemed to have been duly received by the recipient, when served personally, at the time of such service, when sent by email (twenty-four) 24 hours after the same shall have been sent.
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