Terms and Conditions – Public Area
Terms and Conditions for use of the public area of the hwehwe.com.gh Service
Welcome to Hwehwe Market Place (hereinafter “hwehwe.com.gh“), Lot A79/1 Odorkor Official Town, Off George Bush Motorway, ACCRA. These terms came into effect on 1 April 2014 in force.
By using this site you agree to the terms and conditions of hwehwe.com.gh; you agree to the validity of these Terms and Conditions.
If you are acting as a consumer within the meaning of the statutory terms, you have the following
Right of revocation
You may revoke your consent to these Terms and to finalized Terms of the contract within 14 days without giving reasons in writing (via email). The time limit begins after receipt of this instruction in text form, however not before conclusion of the contract and also not before fulfillment of our information obligations. The revocation period is sufficient to send the revocation.
Write this (“Revocation under Freedom of Information Act”) to the registered address in the imprint or send an email to Help Center at WeCanHelp@hwehwe.com.gh.
Consequences of revocation
Upon effective cancellation all mutual received benefits and other benefits (eg interest) must be surrendered. In addition, the consumer must fulfill the contractual payment obligations for the period prior to revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins when you send your contract termination document, for us its with reception of this document.
Special notes Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your explicit request before you have exercised your right of revocation.
§ 1 General 1. hwehwe.com.gh operates over the Internet accessible in the “public domain/area” of any contractually capable natural or legal person or partnership (hereinafter users) Ads/classifieds for sale (advertisement function) and classifieds in hwehwe.com.gh can be searched as provided search function. These General Terms and Conditions govern the service of hwehwe.com.gh website and other alternatives, such as mobile applications (hereinafter hwehwe.com.gh service). 2. The public area of hwehwe.com.gh is in principle open to residential and commercial subscribers. Listings of car dealers may only be in “dealer area” and can be set from hwehwe.com.gh. 3. These General Terms and Conditions are solely between hwehwe.com.gh and the users of the Public Domain of the hwehwe.com.gh platform. Conflicting terms and conditions of a user shall not be applicable. 4. For the use of the “dealers area” only the General Terms and Conditions apply to the retail section. 5. hwehwe.com.gh is a form of vehicle database for the dissemination of information (advertisements). hwehwe.com.gh has no influence on the content of the advertisements. In particular, hwehwe.com.gh is not itself party offering the classifieds. 6. hwehwe.com.gh establishes the relationship between seller and prospective buyer or seller either as agent or as a party or representative of a party. hwehwe.com.gh is not involved in contracts that were initiated as a consequence on the hwehwe.com.gh service advertisement.
§ 2 Description 1. The purpose for hwehwe.com.gh is to provide an input platform for advertisements via the input screen features and to enable the accessibility of advertisements in the hwehwe.com.gh databases over the Internet. Presentation and functionality may vary by type of access – for example, on the Internet or via mobile application – differ. 2. hwehwe.com.gh advertises the service and ads placed by the users themselves and advertisements by third parties, for example by involving the listing or excerpts of it on websites, software applications, in e-mail or by print, radio and television marketing campaigns . For this purpose, hwehwe.com.gh provide third parties access to data, information and content published on the hwehwe.com.gh service. The user agrees to also agree that for this purpose for the integration into foreign websites, software applications, and other similar services and translations advertisements should be made. 3. The right to use the hwehwe.com.gh Service and its functions only within the framework of the current state of the art. 4. hwehwe.com.gh reserves the right to limit the possibility of entry and retrieval of advertisements for a time if this is necessary in terms of capacity limits, the security or integrity of the server or the implementation of technical measures and for proper or improved provision of services (maintenance). hwehwe.com.gh shall provide advance information before any action taking into account the legitimate interests of all users. 5. In particular, for technical reasons, it may be temporarily restricted or not possible to retrieve activated advertisements (for eg. unexpected system failures). 6 The § § 13 and 14 of these General Terms and Conditions is unaffected.
§ 3 Registration and User Account 1.The use of hwehwe.com.gh service requires registration. Registration is free. By registering the user also accepts the terms of hwehwe.com.gh service in the public area (herein referred to as “user agreement”). 2. Registration is only allowed for legal persons, partnerships and contractually capable people. In particular, minors may not register on hwehwe.com.gh is. 3. The data entered during hwehwe.com.gh registration must be complete and accurate. The user is required to indicate his status as a private or commercial provider truthfully. The registration requires a valid e-mail address and choosing a personal password. The personal password must be kept secret and must not be disclosed to third parties. 4. The user is obligated to update data in user account immediately whenever there is changes to registration data. 5. The user has to check the data after initial registration and at each change specified to ensure their accuracy. 6. Each user may only register once on hwehwe.com.gh. The simultaneous registration of multiple user accounts is not allowed. Bypassing this rule, particularly through the use of other data, is not permitted. A user account is not transferable. 7. hwehwe.com.gh reserves the right to delete user accounts that have been inactive for a period of 12 months.
§ 4 Setting and extension of advertisements 1. Private users can set a maximum of two different advertisements in the public area of the hwehwe.com.gh service within a calendar month. A misuse, especially by the use of multiple user accounts, hwehwe.com.gh is entitled to delete advertisements and to extraordinary termination of the Membership Agreement. 2. Commercial users can set a maximum of ten different advertisements in the public area of the hwehwe.com.gh service within a calendar month. A misuse, especially by the use of multiple user accounts, hwehwe.com.gh is entitled to delete advertisements and to extraordinary termination of the Membership Agreement. 3. Advertisements can be placed and each extended for a specific period (term). The duration of the ad can be renewed several times. Expired listings stay up to 90 days after the end be found on the hwehwe.com.gh search functions. 4. When calculating the advertisement period, the day on which the advertisement or extended shall not be counted. The period begins at 0:00 clock in the day, following the date of the advertisement was placed or extension and ends with the last day of the advertisement period. 5. With respect to the subject matter hereof and the listing price is respectively applicable at the time of listing task and the ad extension and the current price list for the use of the public area of the hwehwe.com.gh data. The respective payable listing price is displayed to the users prior to setting or the lengthening of a car ad. 6. Permissible changes to an ad during the term are free and can be “My ad” conducted via the menu item. 7. Place an ad can be deleted by the user at any time. In case of cancellation of an advertisement by the user, there will be no refund for an advertisement already paid, unless the user can show that damage has occurred or that a much lower level.
§ 5 Maturity of the listing fee, payment 1. The payment of an advertisement can be done by credit card or PayPal or Mobile Money. Payment is due in advance, ie before the start of the advert in the database, the timely granting of a feeder by credit or debit card will suffice. 2. If this fails debt collection, the user has hwehwe.com.gh to reimburse for the additional costs incurred unless, that user was not responsible for the failure or can prove that damage has occurred or that a much lower level.
§ 6 Deletion of offers, blocking, and other Measures 1. hwehwe.com.gh may take the following measures if there is sufficient indication that a user statutory provisions, third party rights or these Terms of infringed or hwehwe.com.gh has a legitimate interest (in particular in the event of default):
Deletion of advertisements or other content that have been set on hwehwe.com.gh
- Delay the publication of content on the hwehwe.com.gh service
- Warnings to users
- Limit or restrict the use of the service hwehwe.com.gh
- Preliminary blocking of users
- Permanent suspension of users
2. The choice of measure hwehwe.com.gh applies, takes into account the legitimate interests of the affected party, especially if there is evidence that the user has not caused the violation. 3. hwehwe.com.gh can delete ads if the content of their presentation or her violation of these Terms (in particular the provisions of § 8 (1 – 8) or government regulations) violate or infringe the rights of third parties. In the event of cancellation by the user hwehwe.com.gh remain liable to pay the listing price obligation. 4. hwehwe.com.gh can finally and permanently bar user(s) from using the hwehwe.com.gh service if this is repeated or particularly serious breaches these Terms and Conditions or for any other good reason. 5. When a user is suspended, he may no longer use the service and hwehwe.com.gh may not register again. 6. Users/Participants may terminate the Agreement at any time. For this purpose, a Participant may at any time delete his user account. 7. hwehwe.com.gh may cancel at any time with a notice period of 14 days the license agreement. The right to block remains unaffected.
§ 7 Price changes / amendments to the GTC 1. Price changes will be announced by changing the information available via the internet price list stating the modification start time. The new prices only affects new ads and existing ads that is extended (for ads already in the hwehwe.com.gh database). During the new price regime existing ad runs on previous conditions. 2. hwehwe.com.gh reserves the right to change these Terms at any time without giving reasons. The revised terms will be given to the users before the activation or extension of an advertisement. The user must agree to the new GTC, otherwise user cannot add a new advertisements and no existing listings will be renewed. An administrative access to the user account and the management of existing advertisements remains even without agreeing to the new terms and conditions. Users who do not agree to the new terms and conditions can delete their account at any time.
§ 8 Requirements for content and presentation of advertisements 1. The user advertises a vehicle only in the designated section (autos, properties, jobs, etc.) set. hwehwe.com.gh allows advertisements targeted at the sale of products & services.
- Maps, etc.
These advertisements are especially not permitted:
- lease, rental or hire-purchase agreement or some other form of funding or for use,
- on the acquisition of motor vehicle purchase or lease agreements,
- on the purchase of motor classifieds or other objects of any kind,
- the sale of motor vehicle spare parts and motor vehicle accessories,
- sale or advertising of software,
- application of services
- The user is required to provide complete and truthful information with respect to the vehicle (especially date of first registration and mileage), the legal title to the vehicle and with regard to the remaining content of the advertisement. If the vehicle is equipped with a replacement engine, this must be indicated. Indicate in this case is always the actual mileage of the vehicle. Incorrect information (eg typos, placement in incorrect categories) must be corrected immediately upon discovery via the menu item “My ad”. 3. When placing an ad specify in what state the vehicle is located, especially if the vehicle has unrepaired damages. For this, the vehicle must be separately labelled when placing on the selection of features to characterize. As a significant non-repaired damage such as damage to the engine and transmission to understand damage caused by traffic accidents, fire, hail or water, their remedy not only by using substantial amounts of money is possible. These include in particular so-called hobbyist classifieds. Minor losses are excluded from this and to be entered in the comment field in the way of free text. This does not affect the obligation to disclose known repaired damages. The advertised vehicle can be found depending on the input selectable only when the respective search option in the search screen. 4. Classifieds, which are only sold to domestic and foreign commercial customers, must have the “For Business, Ex-/Import” be marked accordingly. 5. It is not permitted to offer several classifieds individually or as a package within an ad. 6. It is not allowed to advertise the same vehicle at the same time in one category more than once. This applies even if the same vehicle is set more than once at the same time under interaction of different users. 7. The user must during the term of the advertisement be able to pass be complete once a legally effective purchase contract with an interested party on the vehicle offered and the vehicle to the availability time (used classifieds) or the delivery time (new classifieds) and to assign them or change status. 8. The advertisements can be illustrated with photographs. Users are permitted only to only upload photos in the hwehwe.com.gh database – photos without restrictions and with no rights of third parties – are burdened – especially not with others’ copyrights. The photographs must not be misleading and must reflect the actual condition of the vehicle. Users must not use catalog pictures. 9. If hwehwe.com.gh provides certain quality label, warranty label or other symbols of trust, is a user agrees to take care that they are displayed in advertisements to qualified classifieds. Other symbols of trust may only be used provided they have been authorized by hwehwe.com.gh. 10. The ad must not violate the law or common decency wording, content, visual layout and the goal pursued. Traders have in particular the provisions of the copyright and trademark law. 11. The user is obliged to provide correct and truthful prices. The regulations of price regulation (loan) are especially observed. According to § 1 paragraph final prices are indicated, (eg, transportation costs) must include in particular the VAT and other price components. Listings with clearly inaccurate or misleading price indication are not permitted. 12. It is generally not permitted, references (links) to external websites, insert other services and information in an ad, unless they are legally required. Links is also not activated web addresses (URLs) and parts thereof. Except in the free text of the advertisement are inserted links to own, externally stored vehicle images, PDF files and multimedia presentations, if they contain additional information on the vehicle offered (eg, vehicle reports, instructions, etc.). 13. It is not permitted mention of telephone numbers, especially toll free/emergency numbers, increased by the caller dialing the telephone charges.
§ 9 Responsibility for content of advertisements 1. Responsibility for the content of the advertisements lies with the user. Neither the accuracy or completeness of the content of the advertisements are checked by hwehwe.com.gh. hwehwe.com.gh takes over for the accuracy and completeness of the advertisement no warranty. 2. hwehwe.com.gh disclaims any warranty or liability from that advertisements comply with the statutory provisions. 3. hwehwe.com.gh specifically disclaims any warranty or liability that may arise from the fact that sales contracts that are initiated or completed based on the hwehwe.com.gh advertisements, according to the national law of an affected State are unenforceable, or in any other way or at a both parties to the contract of sale result in legal or economic disadvantages.
§ 10 Exemption The user shall indemnify hwehwe.com.gh from all claims by third parties for infringement of their rights by its advertisement or any other use of hwehwe.com.gh service by the subscriber to hwehwe.com.gh contents. The user hereby also assumes the costs of legal defense by hwehwe.com.gh, including all court costs and attorney fees. This does not apply if and to the extent that, the injury is not the responsibility of the user.
§ 11 Database Updates, deleting advertisements, administration, backups To search for classifieds to make as interesting and successful, hwehwe.com.gh is trying to update its platform or databases. For this reason, the vehicle listings once the vehicle has been sold or offered for any other reason is no longer available, must be deleted by the subscriber.
§ 12 Manipulation of the vehicle search and disturbance of system integrity1. Participants may search for classifieds in the hwehwe.com.gh databases only use the search offered by hwehwe.com.gh. It is not permissible to search for classifieds bypassing the search masks, in particular by using search software that accesses the databases of hwehwe.com.gh. Violators will be prosecuted under civil law, among others, from the point of intervention into the established and functioning business and have the perspective of the unauthorized intrusion into neighboring rights under the Copyright Act criminal penalties. 2. Activities that are aimed at making the service hwehwe.com.gh dysfunctional or complicating its use is prohibited. The user may not take any action that may cause an unreasonable or excessive load on the infrastructure of hwehwe.com.gh result. The Participants are not permitted to block from hwehwe.com.gh generated content to override or modify or interfere in any way with the hwehwe.com.gh service. 3. It is forbidden for users to distort the results of the search of the vehicle hwehwe.com.gh service by false or misleading information, by the setting in the wrong category, technical measures, or other misuse of the functionalities of the hwehwe.com.gh service or to manipulate.
§ 13 Warranty 1. Depending on your subscription, users have statutory warranty claims to where ads are place. This is achieved in advertisement for the period at which a specific ad is prolonged. 2. hwehwe.com.gh is exempt from liability in cases of force majeure. Force majeure means any unforeseen events and those events whose effects are to be represented on the performance of any party. These events include lawful industrial action, party companies, government action, failure of communication networks and gateways of other providers, disturbances in the area of leadership donors, and other malfunctions, even if those circumstances in the range of sub-contractors, sub-contractors or their subcontractors or by the provider authorized operators of sub-nodal occur. Claims arising for the users is not from hwehwe.com.gh and therefore not responsible.
§ 14 Limitation of Liability 1. hwehwe.com.gh is liable for damages, except in case of breach of contract, and only if hwehwe.com.gh legal representatives, managerial employees or other vicarious agents have acted with intent or gross negligence. In case of breach of fundamental contractual obligations hwehwe.com.gh is liable for any unacceptable conduct of its legal representatives, senior employees or other agents. 2. hwehwe.com.gh is liable towards consumers only gross negligence. In the case of breach of contract, the debtor’s default or impossibility of hwehwe.com.gh to perform hwehwe.com.gh shall be liable but for the culpable conduct of its legal representatives, senior employees or other agents. 3. Except for intent or gross negligence of legal representatives, executive employees or other vicarious agents, liability of hwehwe.com.gh in amount to the conclusion of the contract typically foreseeable damage is limited. 4. Incase of lost profit, hwehwe.com.gh is liability for indirect damages, in particular only in cases of intent or gross negligence of legal representatives, senior employees or other agents of hwehwe.com.gh. 5. The above exclusions and limitations with respect to companies or consumers do not apply in the case of explicit guarantees by hwehwe.com.gh and for damages arising from injury to life, body or health or where required by applicable law.
§ 15 Copyrights and Licenses: All the data, information, logos, texts, programs and pictures of the set on the hwehwe.com.gh Service listings are subject to copyright. The modification, further processing and use in media of all kinds by third parties is not permitted. The user’s rights shall remain unaffected. Users may their own data and information and can freely dispose it.
§ 16 Exercise of rights by third parties, contract acquisition 1 For the purpose of contract fulfillment and pursuit of the obligations under this contract rights to hwehwe.com.gh and other Mappiah Consulting company can operate. 2. hwehwe.com.gh is entitled to transfer with a notice period of four weeks of its rights and obligations under this contract in whole or in part, to a third party. In this case, the user is entitled to terminate the license agreement. To this end, the user can delete his account at any time.
§ 17 performance, subject to European Union law, jurisdiction 1. If the user is a business, is subject to the license agreement including these Terms and Conditions in application and interpretation by the laws of the European Union. The application of the UN Convention on Contracts for the International Sale of Goods of 11 April 1998 is excluded. 2. If the user is a consumer, subject to the license agreement including these Terms and Conditions the laws of the European Union, to the extent required by legal regulations, in particular in opposition to consumer protection regulations. 3. To the extent that the user is a merchant according to the Commercial Code, European Union courts is the only place of jurisdiction for all disputes and because of the use of databases of hwehwe.com.gh. The same applies if the user moved his residence to the contract abroad or has no general place of jurisdiction in European Union. 4 For users who are consumers, there is a jurisdiction shall be the domicile of the respective user.
§ 18 Severability If any provision of these Terms is invalid, the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by one which economically comes to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible gaps.