Accepting These Terms
These Terms are a legally binding contract between you and Furwoodd. If you live in Ghana and Africa, the contract is between you and Furwoodd, Inc.
Please note that Section 11. Disputes with Furwoodd, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This contract sets out your rights and responsibilities when you use Furwoodd.com, Pattern by Furwoodd, our mobile apps (Yet to be launched soon), and the other services provided by Furwoodd (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!
2. Those Other Documents We Mentioned
Furwoodd’s Services connect people around the world, both online and offline, to buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
Our Rules for Buyers: If you use our Services to browse or shop, these policies apply to you. You can read them here.
Our Rules for Third Parties. These policies apply to intellectual property buyer, Furwoodd Affiliate program, and anyone requesting information from Furwoodd.
All of these policies are a part of our Terms, so be sure to read the ones that are relevant for you. Of course, you’ll still want to read the rest of this document because it applies to everyone!
3. Your Privacy
Both Furwoodd and Buyers process members’ personal information (for example, buyer name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a Furwoodd accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, Furwoodd, will be responsible for that unauthorised disclosure.
4. Your Account with Furwoodd
You’ll need to create an account with Furwoodd to use some of our Services. Here are a few rules about accounts with Furwoodd:
A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Furwoodd or the Services. You are responsible for any and all account activity conducted by a minor on your account.
B. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
D. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here is how to make your account more secured.
F. Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Furwoodd.
5. Your Content
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant Furwoodd a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Furwoodd function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree Furwoodd may offer you or Furwoodd buyers promotions on the Site, from time to time, that may relate to your listings as through our affiliate programs.
C. Rights You Furwoodd. (Here’s the legalese version of the last section). By posting Your Content, you grant Furwoodd a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Furwoodd, your furwoodd reviews, or the Services in general, in any formats and through any channels, including across any Furwoodd Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
That sounds like a lot, but it’s necessary for us to keep Furwoodd going. Consider these examples: if you upload a photo of a let’s say a product for review, we have permission to display it to others buyers, and we can resize it so it looks good to a buyer using our mobile-friendly web app; if you post a description in English, we can translate it into French so a buyer in other French speaking countries can learn the story behind your review; and if you post a beautiful photo of your latest bought couch, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote you (if you are an affiliate) and Furwoodd’s.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
B. Pay Your Bills. You are responsible for paying all fees from items bought on Furwoodd.com. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
C. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
D. Follow Our Trademark Policy. The name ” Furwoodd ” and the other Furwoodd marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Furwoodd in the Ghana and other countries.
E. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Furwoodd (not including Your Content or items you buy through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
F. Talk to Us Online. From time to time, Furwoodd will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you with paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.
A. Termination By You. We’d hate to see you go, but you may terminate your account with Furwoodd at any time from your account settings. Terminating your account will not affect your ability to make purchase on the website.
B. Termination By Furwoodd. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to buy on our websites. Furwoodd may refuse service to anyone, at any time, for any reason.
If you or Furwoodd terminate your account, you may lose any information associated with your account.
We May Discontinue the Services. Furwoodd reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
Items You Purchase. You understand that Furwoodd manufactures, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by Furwoodd, so Furwoodd does make warranties about quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the Furwoodd. You release Furwoodd from any claims related to items sold through our Services, including for defective items, misrepresentations by Customer service, or items that caused physical injury (like product liability claims).
Gift Cards and Promotions. You acknowledge that Furwoodd makes warranties with respect to your Gift Card balance and is responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
FURWOODD IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT:
(I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR
(IV) (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FURWOODD, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FURWOODD’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED (GHS100) GHANIAN CEDI OR THE AMOUNT YOU PAID FURWOODD IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification (or What Happens If You Get Us Sued)
We hope this never happens, but if Furwoodd gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Furwoodd (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Furwoodd
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the Ghana, without regard to its conflict of laws rules, and the laws of Ghana. These laws will apply no matter where in the world you live, but if you live outside of the Ghana, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Government Exception. If you are a government agent or entity in the Ghana using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the Ghana (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Ghana.
C. Modifications. If we make any changes to this “Disputes with Furwoodd” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Furwoodd prior to the date the changes became effective. Furwoodd will notify you of substantive changes to the “Disputes with E Furwoodd” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Furwoodd a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Furwoodd in accordance with the provisions of this “Disputes with Furwoodd” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
11. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
12. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Furwoodd regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at [email protected]