Terms of Use of Yango Sell&Buy

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING YANGO SELL&BUY

1. General Provisions

1.1. These Terms (the “Terms”) constitute an offer of RideTechnology Global FZ-LLC (“Yango”) to an Internet user (the “User”) to use Yango Sell&Buy, the electronic catalog of Ads for goods and other offers (the "Products") in Cote d’Ivoire (the “Service”).

1.2. The use of the Service by the User is governed by these Terms. All currently available functions of the Service along with any developments and/or newly added functions are subject to these Terms.

1.3. By starting to use the Service / its certain functions, the User is deemed to have accepted these Terms, the License Agreement at https://yango.com/legal/yango_mobile_agreement/ and other Service documentation as the case may be (the “Regulatory Documents”), in full, without any reservations and exceptions. If the User disagrees with any provisions of the Terms and/or Regulatory Documents, the User may not use the Service.

1.4. The Service is provided to the Users free of charge.

1.5. The Service enables the User to:

• look through the ads placed by the Users (the “Ad”) and search for such Ads using parameters set by the User;
• place information on the User’s potential offer to sell the Products in the available categories;
• communicate with the Users, who placed the Ads\are potentially interested in concluding the deal (the “Deal”);
• leave feedbacks, as well as responses to the feedbacks concerning certain Sellers\Products.

The Users, offering the Products in the Ads are hereinafter referred to as the “Sellers”, the Users, interested in procuring the Products via concluding the Deal with the Sellers via the Services are hereinafter referred to as the “Buyers”.

1.6. User’s search requests for Ads are processes by the Service's automatic algorithms to provide relevant information in search results. Users use the information posted in the Ads to enter the Deals with other Users at their own risk without direct or indirect participation or control from the Services and\or its representatives.

1.7. For the avoidance of doubt, Service does not act as a party, agent, intermediary, organizer buyer, seller, employer, intermediary, representative of any User, beneficiary or other interested person in relation to the Deals negotiated or concluded between the Users, nor provides payment processing, delivery or agency or help desk services.

YOU ACKNOWLEDGE THAT THE SERVICE DOES NOT PROVIDE AGENCY, INTERMEDIARY, PAYMENT PROCESSING OR DELIVERY OR TRANSPORTATION SERVICES OR FUNCTION AS A PARTY TO A DEAL, AGENT OR INTERMEDIARY AND THAT THE DEALS ARE CONCLUDED WITH THE THIRD PARTIES AT YOU OWN DESCRETION, RISK AND EXPENSE. THE RELATIONS BETWEEN YOU AND ANOTHER PARTY TO A DEAL ARE REGULATED BY RELEVANT AGREEMENTS BETWEEN YOU AND SUCH ANOTHER PARTY\USER, YANGO SELL&BUY SERVICE IS NOT THE PARTY OF THE DEALS AND BEAR NO RESPONSIBILITY FOR THE OUTCOME OF THE DEALS CONCLUDED WITH THE THIRD PARTIES VIA THE SERVICE.

1.8. For the period of Service testing, update or technical development\support period any or all functions of the Service can be inaccessible or limited. Functions are deemed to be inaccessible (limited) for the User if such User is unable to use them explicitly. It is prohibited to apply any technical and software-based methods to circumvent these limitations. Provisions hereof governing functions of the Service inaccessible (limited) for the User will apply until such functions become explicitly accessible for the User. Information on the accessibility of functions of the Service in a certain region shall be provided to the User upon his or her request sent to the Service.

2. User Data

2.1. The information provided by the User about himself to the Service and\or to the other Users must be reliable, up-to-date and must not violate the law and the rights of third parties. The Users are obliged to update them in their Service profiles as necessary.

2.2. The Service cannot guarantee that all the information that the Users published in the Service is true or correct. The Users should be careful when concluding the Deals.

2.3. The Service is not responsible for third-party illegal actions in relation to information that a User independently posted in the Service and made available to other Users.

2.4. The Service may request data from the User to confirm the User’s credentials or verify the information provided to the Service.

3. Personal data

3.1. The User publishes his\her personal data as part of his\her public account (the “Profile”) or the Ads so thatother Users can contact him\her or get the most complete information about the Products offered in the Ad, hence the User independently discloses the personal data to an indefinite number of people.

3.2. The User consents to the processing of his/her data by the Service . When the User accesses turns the Service, his/her personal data under the conditions and for the purposes set out in the Privacy Notice of available at: (https://yango.com/legal/yango_privacy_notice ).

4. Ads content

4.1. The purpose for which the Sellers post information in the Service is to establish contact with a potential Buyer who is interested in concluding a Deal regarding the Product in the Ad. The Ads may be posted in the Product categories available in the Service. The choice of the category is the responsibility of the Seller. The Service may move the Product to the more relevant category at its discretion.

4.2. A price of the Products offered in the Add as well as the final price of the Product agreed in the Deal as well as agreed payment terms and methods is the Users’ discretion and responsibility. The Service is not responsible for such prices, payment terms and methods to be fair, accurate or at the market level.

4.3. For more information about the Products offered (including their origin, quality, size, color, weight, technical specification, current availability, title of ownership, and any other relevant information) and about the Seller, the Buyer may contact the Seller or provide his\her contact details through the functions of the Service to such Seller to independently contact the Buyer and provide with information about the Products offered.

4.4. Texts, images and videos that the Users post in Ads, the public part of their profile and reviews constitute the User’s content (the “User content”). The placement of the User ser content is allowed solely for informational purposes.

4.5. The Service does not act as a creator and distributor of User content. The Users independently create, modify, post and make publicly available to an unlimited number of people and delete the User content (including personal data) without the Service’ participation or consent.

4.6. The User guarantees that the User content fully complies with applicable laws and the Terms and does not violate the rights of any third parties, including their intellectual property rights.

4.7. The Service may do the pre-check the User content for its compliance with the Terms and refuse posting of such User content at its own discretion. The precheck does not relieve the Seller from the full responsibility for the User content as provided in cl.4.6.

4.8. The Service shall not be held liable for the content and/or relevance of information related to the Product, or the Deal details provided by the Sellers in the Ads or for any information exchanged between the Byers and the Seller as described in the Terms. The User shall independently (without the participation of Service) discuss the sell or acquisition of the Product with the other Users. The Service shall not be held liable for financial, and any other transactions effected by the Users and for any consequences of the sell or acquisition of the Products via the Service.

4.9. The Service has the right to keep archived copies of the User content.

4.10. The Service has a right to take any required actions with respect to the User content on the basis of requests from authorized authorities or the right holders of the intellectual property or means of individualization in the cases and in accordance with the procedures established by the legislation of the Cote d’Ivoire.

4.11. The Users grants the Service and Yango’s affiliates the right to use the User content and the intellectual property or means of individualizationincluded in it, during the validity period of the exclusive rights to the corresponding intellectual property or means of individualization, by any means,under a free of charge, non-exclusive license for a worldwide use.

The Service has a right to post the User content and the intellectual property or means of individualization included in it, in advertisements for the Service and Yango’s affiliates.

At the same time, the Service shall not be obligated to provide any reports on the use of the User content and intellectual property and means of individualization included in it in accordance with the Terms.

4.12. The Service may request from the Users to disclose the data on the concluded Deals on voluntary basis for the internal statistical purposes and\or in the cases where such disclosure is required by the provisions of the applicable legislation of Cote d’Ivoire.

4.13. The User may access functions of rating the Sellers and commenting and leaving feedback on the Products/related Deals. The Service reserves the right to refuse to post any ratings / feed backs and delete /block, at any time, any rating/ feedback the User posted, at own discretion and without giving any reason. Through the functionality of the Service, the Seller may also access the aggregated information about the ratings made by the Users, which is calculated based on the average of the recent ratings. The ratings and feedback are provided by the Users at their discretion to express their subjective opinion and evaluate the communication or the Deals with the other Users. The Service is not responsible for their credibility and\or content.

5. Users communication

5.1. Authorized Users can write to other Users, to request or receive information on the Products or the terms of the Deal. It is prohibited to use messages and calls for any other purposes, including to transfer communication between Users to other messengers or other communication channels by sending links to other sites, resources and services on the Internet.

5.2. The User accepts and agrees that messages and calls to the Users for purposes not provided for in the Terms violate the laws on personal data.

5.3. The Service has no access to the Users correspondence and bear not liability for its contents.

6. The Service communications

6.1. The notifications from the Service (the “Service Notifications”) are the part of the Service functionality. The notifications on the unread notifications re displayed in the Service mobile app, a counter is displayed on the front page of the app. The Service notifications may also include request to confirm registration in the Service, notification on restricted access to a profile or Ads, Service alerts related to the User’s actions in the Service, notification on the change of Service functionality, Terms of Use or new features of the Service. The User can not unsubscribe from the Service Notifications.

6.2. By using the Service, the User consents to receive service messages (the “Service Messages”), including email messages. The Service Messages may include promotional messages, for example: personal collections of interesting Adsand notifications: tips from the Service, invitations to participate in research, news from the Service, and its partners.

6.3. Service Notifications and Service Messages can be sent via the notification center in your Profile, to your device in the form of push notifications, as well as in messages on the Service. The User may unsubscribe from the Service Messages by using relevant functions of the Service.

6.4. In some cases, the Service may contact the User by phone to improve the Service or for the support purposes for these cases we can attract specialized partners.

7. Use of the Service

7.1. By using the Service and its functionalities the Users agrees to act in good faith and strictly comply with all applicable legal regulations of Cote d’Ivoire and the Service's Terms and, among other guarantees that he/she has, and will have, full authority and competence to execute use the Service, offer the Goods, post the user content of the Goods and conclude the Deals, as well as lawfully holds all rights, licenses, consents, permits and any other titles, required by applicable legislation to use the Service and to conclude the Deals on relation to the respective Products.

7.2. The User shall not:

• offer for sale the Products limited or prohibited for sale in Cote d’Ivoire;
• post deliberately false information in the Profile, in the Ads and in the feedbacks;
• provide deliberately false information to the Service\other Users;
• contact the Users for the purposes other than related to the potential Deal;
• use information from the Ads\communications with other Users for the purposes not provided for in the Terms;
• collect contacts of other Users for unfair purposes, including but limited for spam and irrelevant calls on issues unrelated to ads posted on The Service;
• copy information from the Ads using automatic means;
• commit any actions that provoke violence, hatred or disrespectful attitude, contain threats or insults, justify illegal or unfair actions, incite them to commit, do not comply with moral norms or business practices, including using obscene and rude language or distributing obscene or any other type of unacceptable images\video\audio recordings
• use the Service, Service functionality or the information posted in the Ads for purposes not provided for in the Terms;
• take actions that may interfere with the normal operation of The Service.
• commit any other actions prohibited by the Terms or by the applicable legislation of Cote d’Ivoire.

7.3. The Users accepts and agree that the following Products are prohibited for being offered in the Ads\via other Service functionality to the Users:

• Medicines and related products: Laboratory Reagents, Medical equipment (glucometer, blood pressure monitor, etc.), Medical Samples, Baby milk, Bottles, Nipples, Steroids, Dietary Supplements, Aphrodisiacs, Growth Hormone, Product to develop certain parts of the body.

• Brightening cosmetics or hygiene products :

  1. Creams, soaps, gels, serums, capsules containing mercury and its derivatives
  2. Cream, soap, gel, serum, capsules containing more than 2% hydroquinone
  3. Cream, soap, gel, serum, capsules containing corticosteroids and corticosteroids
  4. Cream, soap, gel, serum, capsules containing retinol derivatives (vitamin A)

• Drugs (narcotics) and illicit substances

• Tobacco and similar products

  1. Nicotine products
  2. Cigarettes
  3. E-cigarettes

• Dangerous goods

  1. Explosives / Fireworks
  2. Fuel and certain fuels
  3. Toxic Substances
  4. Radioactive products

• Off-the-shelf products

  1. Currencies
  2. Skin of reptiles

• Products for Security Forces

  1. Signal Blockers
  2. Camouflage Clothing/Items
  3. Military Uniforms
  4. Tear gas
  5. Police Shields
  6. Defense Weapons (Knives, Tasers, Assault Bomb)
  7. Gas Masks

• Products that could be used to commit crimes

  1. Weapons and toys similar to real weapons
  2. Lock picking devices

• Products subject to special regulations

  1. Metallurgical ores, gemstones, industrial precious metals
  2. Penny machines and any type of gambling device
  3. Pesticides

• Rubbish

• Counterfeit E-BOOKS & Software

• Trademarked Products

7.4. The User is fully responsible and shall offer for sale only the Products that have the due marking, phytosanitary, veterinary and other applicable to the certain Products documentations, marking, certificates etc. proving their compliance with the consumer protections and other applicable regulations of the laws of Cote d’ Ivoire.

7.5. The User shall provide to the Buyers all information obligatory for provision for the sale of the certain products in Cote d’Ivoire.

7.4. The User is aware of and confirms that, if he or she fails to meet the above requirements, the User is solely responsible for all the negative effects.

8. Sanctions for violation of the Service’ Terms

8.1. In case the breach of the Terms is identified base on the User’s complains or in the result of the Service checks the Service has the right to take the following measures in relation to the User committed the breach: to restrict access to the User’s Profile or some of the Service functionality, including temporarily, for example, restrict access to the messaging via the Service, restrict the display of such User’s Ads in search results, hide the display of Ads on the map, reject or block the Ads, restrict access to The Service from certain IP addresses and phone numbers.

8.2. The access to the Profile may be restricted, inter alia, in the event of complaints from other Users regarding such a profile, identification of actions leading to spam, repeated or malicious violations of the Service Terms (including posting in the Ads information that does not correspond to reality), hacking of the Profile, posting false reviews, liquidation of the legal entity, represented by the User, as well as in case the Service identifies the signs of fraud in the User’s behavior, the imposition of additional services and conditions, not included in the initial Product offer, or if the User has registered a new Profile in the Service instead of the previously blocked one

8.3. If the User completely eliminates the violations of the Terms the Service at its own discretion can restore access to the Profile.

8.4. The Service reserves the right to conduct a random check of Users’ compliance with the Terms at any time and at its own discretion, including the check via the automated methods.

8.5. The Service is not responsible for possible losses caused to the Users in connection with the measure listed in this section of the Terms.

8.6. The User accepts and agrees that for violation of the applicable laws or the rights of third parties when using The Service, the User may be subject to administrative, criminal or civil liability.

9. Users Safety recommendations

9.1. Without prejudice to the provisions of p.1.7. hereto the Service provides the following recommendations aimed to enhance the safety of the Users at using the Service:

• to make sure that the User has entered the correct application;
• to refrain from transferring the prepayment, especially at the first Deal with the particular Seller;
• to be avoid opening third-party links send by other Users;
• to be careful about the data security. To avoid sending passport, family information, home\work address details, financial, tax or any other sensitive data to other Users;
• to refrain from sharing the bank card details: not to tell anyone the CVV/CVC code of a card, its expiration date, the code from the SMS from the bank.
• when selling a computer or a mobile device, to log out of all accounts, to unlink all profiles and reset the device to factory settings;
• to carefully check the Product, make sure it is nor replaced with a damaged or non-working analogue
• to carefully check the cash\payments made as a result of concluding the Deal+
• to keep the meetings with the Sellers\Buyers during the day time in the safe public places;
• to take a picture of the Product and record on video how it works when you send or accept the Products via the delivery services.

9.2. Provisions of these section “Safety recommendations” are of recommendation\informational nature, should not be treated as legal advice and the User shall not rely on them as the full measure guaranteeing the safety of the Deal.

10. Changes

10.1. Yango may, at any time without notice to the User, amend provisions hereof, and may, at any time without notice to the User, amend provisions of the Regulatory Documents. The current version hereof is available at: https://yango.com/legal/yango_sb_termsofuse . The User bears a risk of failure to review a new version of the Terms and Regulatory Documents. Any continued use of the Service after the Terms or Regulatory Documents have been changed will qualify as the acceptance of the new version.

10.2. The User shall stop using the Service, if he or she disagrees with any amendments to these Terms made as prescribed by cl.10.1 hereof.

11. Governing law and dispute resolution

11.1. The Terms of Use and any non-contractual obligations arising out of or in connection with the Terms of Use shall be governed by and construed in accordance with the laws of England and Wales without regard to the conflict of law provisions.

11.2. Any dispute, difference, controversy or claim arising out of or in connection with this Terms of Use, including (but not limited to) any question regarding its existence, validity, interpretation, performance, discharge and applicable remedies, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat of arbitration shall be Dubai, United Arab Emirates. The language to be used in the arbitration shall be English.

12. Details of RideTechnology Global FZ-LLC

RideTechnology Global FZ-LLC (License number: 101640)

Free Zone Limited Liability Service (FZ-LLC)

104A, First floor, Bld. 12, Dubai Internet City, Emirate of Dubai, the UAE

e-mail: support@yango.com