Terms and Conditions

This Term of Service Agreement (“Agreement”) is made and entered into by and between the individual or entity (“Customer”) identified in the Republic of Ghana, this shop and ship order Application Form (“Application Form”) and GhanaRemit LLC (“GhanaRemit.com”) for the use of GhanaRemit’s Shop and Ship services (“Service”). The Service is provided to the Customer under the terms and conditions of this Agreement (“Terms and Conditions”) and any updates thereof or amendments thereto, and any related operating rules and policies that are published from time to time by GhanaRemit on its website. (http://www.ghanaremit.com/)

The Shop and Ship Account (“Account”) shall be subject to the following Terms and Conditions:

Services

The Service includes the purchase of customer’s orders and shipment of Customer’s packages to be delivered to a designated address in Ghana via USPS, DHL or UPS. Customer hereby authorizes GhanaRermit to purchase any and all orders to be delivered to the final destination in Ghana for the duration of the Agreement.GhanaRemit will not accept on behalf of the Customer postage due mail and/or Cash on Delivery items unless prior arrangement has been made, and agreed to by GhanaRemit at its sole discretion.

GhanaRemit shall not accept certified, registered, insured, or express mail (Accountable Mail”) on the Customer’s behalf unless otherwise requested by the Customer and agreed by GhanaRemit pursuant to certain requirements.

Account Fees and Shipping Fees

Customer agrees to pay GhanaRemit 15% of total cost of merchandize as a service charge. Customer all agrees to pay Shipping fees charged as per the rates set forth by USPS, FEDEX and UPS (“Shipping Fees”). The Shipping Fees shall include of all local airport taxes, value added taxes, customs duties, levies, imposts, deposits, or outlays incurred in respect of carriage of the Customer’s goods.

Customer Representations and Undertakings

Customer undertakes not to use the Service or the Account for any illegal, immoral, obscene or fraudulent purposes or for any other purposes prohibited by GhanaRemit or by the United States, Republic of Ghana, or any other regulations. Customer further undertakes that any use of the Account shall be in conformity with all applicable United States, Republic of Ghana, international, federal, state and local laws, including such laws that relate to the transportation and export of commercial matter. Such laws include but are not limited to laws related to banking, money laundering, trade sanctions and terrorist activities.

Customer represents that it is not involved in any restricted business, including but not limited to pornography, armaments, or any other restricted activities. Customer further represents that the goods being shipped are not destined for any country with which GhanaRemit is prohibited from dealing as the result of any United States, or other international legislation, regulation, or directive.

Customer represents that its name is not included in any blacklist issued by the United States, an international, or other regulatory body; and Customer further represents that it is not a national of any country with which GhanaRemit is prohibited from dealing as the result of any United States, or international legislation, regulation, or directive.

Customer is obligated to provide GhanaRemit with an Export Declaration Documentation for all packages of value exceeding two thousand and five hundred United States Dollars (USD2,500) or equivalent prior to shipment to the requested address/country.

Customer is obligated to provide GhanaRemit with invoices and/or other documentation related to the packages regardless of value at any time as requested by GhanaRemit, customs, or other official authority.

Customer is obligated to provide GhanaRemit with identification documentation and personal information upon request by GhanaRemit or any official authority at its sole discretion.

Indemnification

Customer agrees to protect, indemnify, safeguard, and hold GhanaRemit and its respective affiliates, subsidiaries, parent corporations, franchisees, officers, agents, and employees harmless against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement accounts, costs and causes of action of any type or nature arising out of or in conjunction with the use of the Account and the Service, including without limitation any demands, claims, and causes of action for personal injury or property damage arising from such use, from failure of the United States or Republic of Ghana postal services, other relevant postal authority, or any commercial courier service to deliver on time or otherwise fail to deliver any item (package, etc.), from damage to or loss of any package or Account contents by any cause whatsoever, and from any violation by Customer of applicable international, federal, state or local laws.

Limitation of Liability

In consideration for GhanaRemit’s acceptance of Accountable Items and the substantial responsibilities involved therein, the Customer expressly releases GhanaRemit from all responsibility for loss, damage, or other disposition of the Accountable Items. In accordance with this release, the Customer further waives any and all rights of claim against GhanaRemit in respect of the Accountable Items.

A liability for loss or damage is limited to the lesser of (i) the value of the shipment; or (ii) one hundred United States Dollars (USD 100) or its equivalent per shipment, regardless of the nature of the claim. GhanaRemit shall not be liable for indirect, incidental, or consequential damages, such as loss of profit.

GhanaRemit will not be liable for any penalties imposed or loss or damage incurred due to the Customer’s documents or goods being impounded by customs or other official authorities, and the Customer hereby indemnifies GhanaRemit against such penalty or loss.

GhanaRemit reserves the right to disclose Customer’s personal information to any law enforcement agency requesting it in connection with the commission of any offence, in order to comply with applicable laws and lawful official authority requests, to operate the Shop and Ship service properly, or to protect GhanaRemit, its users, or suppliers from cheating and defrauding. Cheating and defrauding shall be inclusive of but not limited to fraudulent payment, use of stolen credit cards, unauthorized chargeback or other reversal of a payment, money laundering or any other unlawful act or transaction.

Change of Terms and Conditions, Service, and Fees

GhanaRemit may add to or change or update these Terms and Conditions from time to time entirely at its own discretion and without notice to the Customer. Any and all amendments to the Terms and Conditions shall be published on GhanaRemit’s website (www.ghanaremit.com) and shall be effective on the date of publication thereof. Customer is responsible for checking these Terms of Conditions periodically to remain in compliance with these terms. Customer’s use of the Account after any amendment to the Terms and Conditions shall constitute acceptance by the Customer of these terms, and Customer also agrees to be bound by any such changes/revisions. Customer is advised to regularly check for any amendments or updates to the Terms and Conditions from time to time, as GhanaRemit shall not be liable to compensate Customer for failure of the latter to do so.

The Account Fee, Shipping Fees and any other related charges stated herein or incidental hereto, as well as the Terms and Conditions are subject to change upon the sole discretion of GhanaRemit at any time whatsoever, and without prior notice to Customer.

Termination

Customer agrees that GhanaRemit may terminate this Agreement for good cause at any time and without notice. Good cause shall include, but is not limited to:

Customer’s use of the Account for illegal, obscene, or fraudulent purposes or for any purpose prohibited by GhanaRemit, the United States, the Republic of Ghana, or other regulations;

Customer’s failure to pay monies owed to GhanaRemit when due;

Customer’s violation of any provision of this Agreement.

Notwithstanding the above statement, GhanaRemit is only responsible for shipping packages that have the same name as the individual or entity stated on the Application Form. For any package received to an Account which does not match the corresponding name on the Application Form, GhanaRemit, at its sole discretion, may elect not to deliver the package.

GhanaRemit reserves the right to immediately terminate the Service upon suspicion of any of the activities stated in section (6) hereinabove, and shall not be liable to compensate the Customer for such termination.

Customer may terminate the Agreement and close the Account by providing GhanaRemit with 30 days prior written email notice. GhanaRemit reserves the right to refuse to accept any dispatch and/or package delivered to Customer’s Account after the termination date.

Miscellaneous

GhanaRemit may discard, destroy, or auction any of the Customer’s packages within sixty (14) days after receipt by GhanaRemit if: (i) the shipping charges have not been settled by Customer; (ii) the mail and/or packages were not clearly identified as belonging to the Customer; (iii) the Customer does not claim the mail or packages received to the Customer’s Account, or (This Agreement shall be construed and interpreted in accordance with the laws of the state of Montana for all United States Accounts, and in accordance with the laws of the Republic of Ghana for all Ghanaian Accounts.

If any section or any portion of any section of this Agreement is construed to be illegal, invalid or unenforceable, such provision or portion shall be deemed obsolete and deleted from this Agreement, while all other sections of this Agreement and the remaining portion of any section which is construed to be illegal, invalid or unenforceable shall continue in full force and effect.

Failure by any party to enforce at any time any term, provision, or condition of this Agreement, or to exercise any right herein, shall in no way operate as a waiver thereof.

This Agreement and any operating rules for http://www.ghanaremit.com/ established by GhanaRemit LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the STATE of Montana, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

COPYRIGHT NOTICE

* All transactions are done within the State of Montana

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