1. INTRODUCTION

Terms and Conditions

Welcome to Frankev Market Classified Ads! “FMCA”

These terms and conditions outline the rules and regulations for the use of Frankev Multiservices Nigeria Ltd’s / Frankev Link Enterprise (Ghana) Website, located at market.frankev.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Frankev Market Classified Ads “FMCA”  if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

 

Cookies

We employ the use of cookies. By accessing Frankev Market Classified Ads, you agreed to use cookies in agreement with the Frankev Multiservices Nigeria Ltd’s / Frankev Link Enterprise (Ghana) Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that FMCA does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the “FMCA” site and Content available through the Service may contain links to other websites, which are completely independent of FMCA. FMCA  makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FMCA  be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that FMCA does not pre-screen or approve Content, but that FMCA  shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The FMCA site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FMCA, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that FMCA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FMCA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FMCA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify FMCA ‘s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at

Please provide our Agent with the following Notice:

  1. a) Identify the material on the FMCA site that you claim is infringing, with enough detail so that we may locate it on the website;
  2. b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  3. c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  4. d) Your address, telephone number, and email address; and
  5. e) Your physical or electronic signature.

FMCA will remove the infringing posting(s), subject to the the procedures outlined in the Policy

6. PRIVACY AND INFORMATION DISCLOSURE

FMCA has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:

Your use of the FMCA website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that FMCA may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of FMCA, its users or the general public.

7. CONDUCT

  1. By using the Service, you represent and warrant that:
    1. You have a legal capacity and you agree to comply with the Terms;
    2. 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;
    3. You are above 18 years of age;
    4. You will or have provided true, accurate, and complete information in your Account;
    5. You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
    6. You will immediately change data for accessing to the Platform, if you have a suspicion that your Account access details were disclosed or probably used by the third parties;
    7. You will notify the Administrator of any unauthorized access to your Account;
    8. You will not provide any false or misleading information about your identity or location in your Account;
    9. You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
    10. You will not use the Service for any illegal or unauthorized purpose;
    11. You will not post on the Platform announcements that offer for sale or exchange any Prohibited Items (
    12. You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal or proprietary rights of any third party.
    13. You will not post on the Platform announcements that include:
      • false, misleading or deceptive statements;
      • personal or identifying information about minors or other persons without proper consent;
      • pornographic, overtly sexual materials;
      • depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;
      • defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;
      • advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
      • appeals to violence and unlawful actions;
      • offers of prostitution or other services contradicting moral or legal norms;
      • services, provision of which is prohibited by the applicable law;
      • information of solely promotional nature with no offers of specific goods or services;
      • counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and
      • direct or indirect references to any other web sites, references or information about websites competing with the Platform;
    14. You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform;
    15. You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means towards other users of the Platform;
    16. You will not copy, modify, distribute any other User Content without consent of the respective user;
    17. You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;
    18. You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;
    19. You have a legal title to the items offered for sale in your announcement; and
    20. You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise and distribute goods described in your announcement.

8. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on FMCA ‘s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from FMCA. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from FMCA.

9. NO SPAM POLICY

Any unauthorized use of FMCA computer systems for sending unsolicited email advertisements to FMCA email addresses or through FMCA computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. PAID POSTINGS

  1. The FMCA is generally free; however, it may contain payable services. For instance, we may set limits for publishing announcements in certain categories or offer advertising options for announcements on the Platform.
  2. You are eligible for registering more than one Account if you use payable services on each of them.
  3. The fees we charge for using payable services and payment methods accepted by us are disclosed on the Platform.
  4. We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.
  5. Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.
  6. Your payments for the services are governed by the Billing Policy

11. LIMITATIONS ON SERVICE

You acknowledge that FMCA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FMCA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FMCA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FMCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. ACCESS TO THE SERVICE

FMCA grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by FMCA. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

FMCA offers various parts of the Service in RSS format so that users can embed individual feeds into a website , or view postings through third party software news aggregators. FMCA permits you to display, excerpt from, and link to the RSS feeds on your website, provided that (a) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (b) you provide, adjacent to the RSS feed, proper attribution to ‘ClassifiedAds.com’ as the source, (c) your use or display does not suggest that FMCA promotes or endorses any third party causes, ideas, web sites, products or services, and (d) your use does not overburden FMCA ‘s systems. FMCA reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of the Service beyond the scope of authorized access granted to you by FMCA immediately terminates said permission or license.

13. TERMINATION OF SERVICE

You agree that FMCA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FMCA believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that FMCA shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-19 shall survive termination of the Terms.

14. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of FMCA. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of FMCA, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although FMCA does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FMCA an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant FMCA all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE FMCA SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FMCA SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, FMCA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FMCA SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FMCA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE FMCA SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE FMCA SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FMCA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE FMCA SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FMCA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FMCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FMCA SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FMCA SITE OR THE SERVICE, FROM INABILITY TO USE THE FMCA SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FMCA SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FMCA SITE OR THE SERVICE OR ANY LINKS ON THE FMCA SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FMCA SITE OR THE SERVICE OR ANY LINKS ON THE FMCA SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold FMCA, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION

The Terms constitute the entire agreement between you and FMCA and govern your use of the Service, superceding any prior agreements between you and FMCA. The Terms and the relationship between you and FMCA shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and FMCA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington. The failure of FMCA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the Terms by flagging the posting(s) for review, or by 

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for FMCA to pursue legal action to enforce these Terms, you will be liable to pay FMCA the following amounts as liquidated damages, which you accept as reasonable estimates of FMCA s’ damages for the specified breaches of these Terms:

  1. If you post a listing and/or a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay FMCA one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
  2. If FMCA establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay FMCA one hundred dollars ($100) for each listing and/or message posted in excess of such limits or for each day on which you access FMCA in excess of such limits, whichever is higher.
  3. If you send unsolicited email advertisements to FMCA email addresses or through FMCA computer systems, you agree to pay FMCA twenty five dollars ($25) for each such email.
  4. If you post Content in violation of the Terms, other than as described above, you agree to pay FMCA one hundred dollars ($100) for each Item of Content posted. In its sole discretion, FMCA may elect to issue a warning before assessing damages.
  5. If you are a Posting Agent that uses the Service in violation of the Terms, in addition to any liquidated damages under clause (d), you agree to pay FMCA one hundred dollars ($100) for each and every Item you post in violation of the Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the Terms) agrees to pay FMCA an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the Terms.
  6. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without FMCA ‘s express written permission, you agree to pay FMCA three thousand dollars ($3,000) for each day on which you engage in such conduct.
  7. If you collect personal data about other users for commercial or unlawful purposes, and/or if you make unsolicited contact with anyone for any commercial purpose in violation of these Terms without FMCA ‘s express written permission, you agree to pay FMCA three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay FMCA ‘s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, FMCA retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

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