Terms of Use of Yango Sell&Buy

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YANGO SELL&BUY TERMS OF USE

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

1. General terms and conditions

1.1. These terms and conditions (the “Terms”) constitute an offer by RideTechnology Global

FZ-LLC (“Yango”) to an Internet user (the “User”) for the use of Yango Sell&Buy (or Bazaar), the electronic catalogue of property listings and other offers (the “Products”) in Pakistan (the “Service”).

1.2. Use of the Service by the User is governed by these Terms. All currently available features of the Service, as well as any developments and/or new features added, are subject to these Terms.

1.3. By starting to use the Service or any of its functions, the User is deemed to have accepted the present Terms, the license agreement available at https://yango.com/legal/yango_mobile_agreement and other documents relating to the Service, if any (the “Regulatory Documents”), in their entirety, without any reservations or exceptions. If the User does not agree with any of the provisions of the Terms and/or the Regulatory Documents, the User may not use the Service.

1.4. The service is provided free of charge to Users.

1.5. The Service enables the User to:

Consult advertisements posted by Users (the “Advertisement”) and search for these Advertisements using parameters defined by the User;
Place information on the User's potential offer to sell Products in the available categories;
Communicate with Users who have placed Ads and who are potentially interested in concluding a sales contract (the “Contract”);
Leave comments, as well as replies to comments concerning certain Sellers' Products.

1.6. The Users who offer the Products in the Advertisements are hereinafter referred to as the “Sellers”, and the Users who wish to purchase the Products by concluding the Transaction with the Sellers via the Services are hereinafter referred to as the “Buyers”.

1.7. The User's ad search requests are processed by the Service's automatic algorithms in order to provide relevant information in the search results. Users use the information published in the advertisements to enter into contracts with other Users at their own risk, without any direct or indirect involvement or control by the Services or its representatives.

1.8. For the avoidance of doubt, the Service does not act as a party, agent, intermediary, buyer arranger, seller, employer, intermediary, representative of a User, beneficiary or other interested person in connection with Contracts negotiated or entered into between Users, nor does it provide payment processing, delivery, agency or help desk services.

YOU ACKNOWLEDGE THAT THE SERVICE DOES NOT PROVIDE AGENCY, INTERMEDIARY, PAYMENT PROCESSING, DELIVERY OR TRANSPORTATION SERVICES, NOR DOES IT ACT AS A PARTY TO A TRANSACTION, AGENT OR INTERMEDIARY, AND THAT TRANSACTIONS ARE ENTERED INTO WITH THIRD PARTIES AT YOUR DISCRETION, RISK AND EXPENSE. THE RELATIONSHIP BETWEEN YOU AND ANY OTHER PARTY TO A TRANSACTION IS GOVERNED BY THE RELEVANT AGREEMENTS BETWEEN YOU AND SUCH OTHER PARTY. THE YANGO SELL&BUY SERVICE IS NOT A PARTY TO TRANSACTIONS AND IS NOT RESPONSIBLE FOR THE OUTCOME OF TRANSACTIONS ENTERED INTO WITH THIRD PARTIES THROUGH THE SERVICE.

1.9. During the period of testing, updating or technical development of the Service, all or part of the functions of the Service may be inaccessible or restricted. Functions are considered restricted for the User if he/she cannot explicitly use them. It is forbidden to apply technical or software methods to circumvent these limitations. The provisions herein governing the functionalities of the Service restricted to the User shall apply until such functionalities become explicitly accessible to the User. Information on the accessibility of Service functions in a certain region will be provided to the User upon request to the Service.

2. User data

2.1. The information provided by the User to the Service and/or to other Users must be reliable, up to date and must not violate the law or the rights of third parties. Users are required to update this information in their Service profile if necessary.

2.2. The Service cannot guarantee that all information published by Users in the Service is true or correct. Users should exercise caution when entering into contracts.

2.3. The Service is not responsible for the illegal actions of third parties in relation to information that a User has independently published in the Service and made available to other Users.

2.4. The Service may request data from the User in order to confirm their identity or to verify information provided to the Service.

3. Personal data

3.1 The User publishes their personal data on their public account (the “Profile”) or Advertisements so that other Users can contact their or obtain the most complete information about the Products offered in the Advertisement, so that the User independently discloses the personal data to an indefinite number of people.

3.2 When the User accesses the Service, their personal data is processed under the conditions and for the purposes described in the Privacy Notice available at the following address: (https://yango.com/legal/yango_privacy_notice).

4. Advertising content

4.1. The purpose for which Sellers publish information in the Service is to establish contact with a potential Buyer who is interested in concluding a Contract concerning the Product in the Advertisement. Advertisements may be published in the product categories available on the Service. The choice of category is the responsibility of the Seller. The Service may, at its discretion, move the Product to a more relevant category.

4.2. The price of the products offered in the advertisements, as well as the final price of the product agreed in the agreement and the agreed terms and methods of payment, are left to the discretion and responsibility of the Users. The Service is not responsible for the fairness, accuracy or market suitability of such prices, terms and methods of payment.

4.3. For further information on the products offered (including their origin, quality, size, colour, weight, technical specification, current availability, title and any other relevant information) and on the seller, the buyer may contact the seller or provide the seller's contact details through the Service's functions so that the seller can independently contact the buyer and provide information on the products offered.

4.4. The texts, images and videos that Users publish in advertisements, the public part of their profile and comments constitute User content (the “User Content”). Placement of User Content is permitted for informational purposes only.

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

4.6. The User warrants that the User Content fully complies with applicable laws and the Terms and does not infringe the rights of third parties, including their intellectual property rights.

4.7. The Service may pre-screen User content to ensure that it complies with the Terms and may refuse to publish such content at its sole discretion. Due diligence does not relieve the seller of full responsibility for the User's content, in accordance with article 4.6.

4.8. The Service is not responsible for the content and/or relevance of the information relating to the Product, nor for the details of the Transaction provided by the Sellers in the Advertisements or for any information exchanged between the Buyers and the Seller as described in the Conditions. The User must discuss independently (without the involvement of the Service) the sale or acquisition of the Product with other Users. The Service is not responsible for financial and other transactions carried out by Users and for the consequences of the sale or acquisition of Products via the Service.

4.9. The Service has the right to retain archived copies of User Content.

4.10. The Service has the right to take all necessary measures concerning the User's content on the basis of requests from authorized authorities or holders of intellectual property rights or means of individualization in the cases and in accordance with the procedures established by the legislation of the Ivory Coast.

4.11. The User grants the Service and Yango's affiliates the right to use the User Content and the intellectual property or means of individualization contained therein, during the term of validity of the exclusive rights to the corresponding intellectual property or means of individualization, by any means, under a free, non-exclusive license and for worldwide use.

4.12. The Service has the right to display User Content and the Intellectual Property or means of individualization included therein in advertisements for the Service and Yango affiliates.

4.13. At the same time, the Service is not obliged to provide reports on the use of User Content and the Intellectual Property and means of individualization contained therein in accordance with the Terms.

4.14. Notwithstanding the preceding paragraph, Users retain a right of access to their personal data in accordance with applicable law and the Privacy Notice.

4.15. The Service may ask Users to disclose data relating to Contracts entered into on a voluntary basis for internal statistical purposes and in cases where such disclosure is required by the provisions of applicable legislation in Pakistan.

4.16. The User may access the functions for rating Sellers and commenting on Products/Businesses. The Service reserves the right to refuse to publish ratings/comments and to delete/block, at any time, any rating/comment published by the User, at its own discretion and without giving any reason. Thanks to the Service's functionalities, the Seller can also access aggregated information concerning ratings made by Users, which are calculated on the basis of the average of recent ratings. Ratings and comments are provided by Users at their discretion to express their subjective opinion and evaluate communication or Contracts with other Users. The Service is not responsible for their credibility or content.

4.17 The Service does not store any items mentioned in the advertisements and does not provide warehousing or storage services. All handling, delivery, and logistics of Products are the responsibility of the Seller. Yango does not take possession of or provide storage for any Products listed or sold via the Service.

4.18 While the Service reserves the right to pre-moderate advertisements to ensure compliance with the Terms, this is done at its sole discretion and does not imply any obligation to screen all content. Yango is not responsible for the accuracy, quality, legality, or appropriateness of any advertisement content. The Seller remains solely responsible for all information and materials provided in their advertisements.

4.19 The Service serves solely as a platform that allows Users to post content, including advertisements, at their own discretion. While Yango strives to ensure that the content posted complies with relevant laws and is appropriate for the platform, there may instances where such content is posted by a Seller despite the screening measures in place. Users are fully responsible for the content they post and for ensuring compliance with applicable laws. Yango shall not be held legally liable for any content posted by Users or for any consequences arising from such content.

5. Communication with Users

5.1. Authorized Users may write to other Users to request or receive information about the Products or Market conditions. Messages and calls may not be used for any other purpose, including transferring communication between Users to other messaging or communication channels by sending links to other sites, resources and services on the Internet.

5.2. The User undertakes only to send messages and calls to other Users for the purposes set out in the Terms of Use and to comply with the provisions of applicable legislation on the protection of personal data.

5.3. The Service does not have access to Users' correspondence and is not responsible for its content.

6. Service communications

6.1. Service notifications (the “Service Notifications”) are part of the functionality of the Service. Notifications about unread notifications are displayed in the Service's mobile application, a counter is displayed on the application's home page. Service notifications may also include a request for confirmation of registration to the Service, notification of restricted access to a profile or ads, Service alerts related to the User's actions in the Service, notification of changes to Service features, terms of use or new Service features. The User may not unsubscribe from Service notifications.

6.2. Service notifications may be sent via your profile's notification centre, on your device in the form of push notifications, as well as in messages on the Service. The User may unsubscribe from Service messages by using the relevant functions of the Service.

7. Use of the Service

7.1. By using the Service and its features, the User agrees to act in good faith and to comply strictly with all applicable legal regulations in Côte d'Ivoire and the Terms of Service and, among other things, warrants that it has, and shall have, full authority and competence to perform the use of the Service, offer the Products, post the User Content of the Products and enter into the Business, and that it legally holds all rights, licenses, consents, permits and other titles, required by applicable law to use the Service and enter into the Business in connection with the respective Products.

7.2. The User must not:

offer for sale Products whose sale is restricted or prohibited in Pakistan, including but not limited to those listed in cl.7.3.;
publish deliberately false information in the Profile, in Advertisements or in feedbacks;
provide deliberately false information to other Users of the Service;
contact Users for purposes other than those related to the potential Operation;
use information from advertisements and communications with other Users for purposes not covered by the Terms;
collect contacts from other Users for unfair purposes, including, but not limited to, spam and irrelevant calls on matters unrelated to advertisements published on the Service;
copy information contained in advertisements using automatic means ;
commit actions that provoke violence, hatred or a disrespectful attitude, contain threats or insults, justify or incite illegal or unfair actions, do not respect moral standards or commercial practices, including the use of obscene and coarse language or the distribution of obscene images or any other type of unacceptable video or audio recordings.
use the Service, the Service's functionalities or the information published in the Advertisements for purposes not provided for in the Terms ;
take any action likely to interfere with the normal operation of the Service.
commit any other action prohibited by the Terms or by the legislation applicable in Pakistan.

7.3. Users accept and agree that it is forbidden to offer the following products in advertisements and other features of the service to the Users:

Drugs and controlled substances
Weapons, arms, ammunition
Alcohol and Intoxicants
Tobacco products
Animals and pets, including, but not limited to the endangered wildlife and animals as per Protection, Preservation, Conservation, and Management) Act, 1974.
Human organs and tissues
Human Trafficking and Sexual Services
Counterfeit and pirated goods.
Pornographic material;
Stolen goods;
Hazardous materials;
Lottery tickets and gambling devices;
Prescription drugs without a valid prescription or beyond their expiry date;
Unregistered or unlicensed medical products/devices;
Religious objects and other Items that can be considered blasphemous or offend religious sentiments or public decency;
Forging official documents.
Cars and automobiles
Real estate
Food and beverages
Pharmaceuticals and prescription drugs
Branded products without the appropriate authority or license to distribute, retail or otherwise resell the same.
Blasphemous material
Haram (prohibited) items
Alcoholic beverages or any intoxicants, including items containing alcohol.
Anti-religious or anti-nationalist goods
Adult goods (any explicit sexual material including sex toys)
Misleading religious or cultural symbols
Invasive or illegal surveillance equipment
Politically sensitive material
Discriminatory or hate speech materials
Unlicensed or pirated content such as movies, music, software, or books, especially those that infringe on intellectual property rights
Illegal prescription drugs not approved by the Pakistan Drug Regulatory Authority
All other products that legally require special licenses or authorizations, which have not been specifically provided for herein.

7.4. The User is fully responsible for and will only offer for sale Products that have the marking, phytosanitary, veterinary and other documents applicable to certain Products, marking, certificates etc. proving their compliance with consumer protections and other applicable regulations of the laws of Pakistan.

7.5. The User shall provide Buyers with all information required to ensure the sale of certain Products in Pakistan.

7.6. The User is aware and confirms that, should they fail to comply with the above requirements, they shall be solely responsible for any adverse effects.

8. Penalties for breach of the terms of use of the Service

8.1. If the violation of the Terms is identified on the basis of the User's complaints or in the results of the Service's checks, the Service has the right to take the following measures with respect to the User who has committed the violation: (i) restrict access to the User's Profile or to certain features of the Service, including temporarily, for example, restricting access to messaging via the Service, (ii) restricting the display of that User's ads in search results, (iii) hiding the display of ads on the map, (iv) rejecting or blocking ads, (v) restricting access to the Service from certain IP addresses and telephone numbers.

8.2. Access to the profile may be restricted, inter alia, in the event of complaints from other Users concerning such a profile, identification of actions leading to spam, repeated or malicious violations of the terms of service (including the publication in advertisements of information that does not correspond to reality), hacking of the profile, publication of false reviews, the liquidation of the legal entity represented by the User, as well as in the event that the service identifies signs of fraud in the User's behaviour, the imposition of additional services and conditions, not included in the initial product offering, or if the User has registered a new profile in the service in place of the previously blocked profile.

8.3. If the User completely eliminates the violations of the conditions, the Service may, at its discretion, restore access to the Profile.

8.4. The Service reserves the right to carry out random checks of Users' compliance with the Terms at any time and at its own discretion, including by automated methods.

8.5. The Service is not liable for any losses caused to Users in connection with the action listed in this section of the Terms.

8.6. The User acknowledges that in the event of violation of applicable laws or the rights of third parties when using the Service, the User may be subject to administrative, criminal or civil liability.

9. Safety recommendations for Users

9.1. Without prejudice to the provisions of Article 1.7 hereof, the Service provides the following recommendations to enhance the safety of Users when using the Service:

ensure that the User has made the correct request ;
refrain from transferring the prepayment, especially during the first transaction with the seller;
avoid opening third-party links sent by other Users;
ensure data security. Avoid sending passport, family, home address, financial, tax or other sensitive data to other Users;
do not share credit card data: do not give anyone a card's CVV/CVC code, expiry date or bank SMS code.
when selling a computer or mobile device, log out of all accounts, disassociate all profiles and reset the device to factory settings;
check the product carefully to ensure that it has not been replaced by a similar product that is damaged or does not work
carefully check cash payments.
to hold meetings with Sellers and Buyers during the day in safe public places;
take a picture of the Product and videotape its operation when you send or accept Products via delivery services.

9.2. The provisions of this “Safety Recommendations” section are of an informative nature, should not be considered as legal advice and should not be relied upon by the User as a complete measure guaranteeing the safety of the operation.

10. Modifications

10.1. Yango may, at any time and without notice, modify the provisions hereof, and may, at any time and without notice, modify the provisions of the Regulatory Documents. The current version hereof is available at the following address: https://yango.com/legal/yango_sb_termsofuse.

10.2. The User takes the risk of not consulting a new version of the conditions and regulatory documents. Continued use of the Service after the conditions or regulatory documents have been modified shall constitute acceptance of the new version.

10.3. The User must cease to use the Service if he/she does not agree with the modifications made to the present conditions in accordance with article 10.1 hereof.

11. Applicable law and settlement of disputes

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 its conflict of law provisions.

11.2. Any dispute, difference, controversy or claim arising out of or in connection with these Terms of Use, including (but not limited to) any question regarding their existence, validity, interpretation, performance, discharge and applicable remedies, shall be submitted to and finally resolved by arbitration in accordance with 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 the arbitration shall be Dubai, United Arab Emirates. The language used in the arbitration shall be English.

12. RideTechnology Global FZ-LLC details

RideTechnology Global FZ-LLC (License Number: 101640)

Free Zone Limited Liability Company (FZ-LLC)

101, First floor, Bld. 4, Dubai Internet City, Emirate of Dubai, the UAEE-mail: support@yango.com

Date of publication: 28.10.2024.