Terms and Conditions
- This Agreement, which incorporates by reference other provisions applicable to use of www.gosoko.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.gosoko.com, sets forth the terms and conditions that apply to use of www.gosoko.co by User. By using GoSoko (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.gosoko.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
- GoSoko shall have the right at any time to change or discontinue any aspect or feature of www.gosoko.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
GoSoko shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.gosoko.com or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.gosoko.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.gosoko.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
Through its Web property, GoSoko provides User with access to a variety of resources, including upload areas, tutorial, messaging, product information, etc (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the CTOU.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.gosoko.com and all charges related thereto.
- User shall use www.gosoko.com for lawful purposes only. User shall not post or transmit through www.gosoko.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, counter fake or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without GoSoko's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in GoSoko's discretion restricts or inhibits any other User from using or enjoying www.gosoko.com will not be permitted. User shall not use www.gosoko.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with GoSoko.
- www.gosoko.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of GoSoko are copyrighted as a collective work under the France copyright laws. GoSoko owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GoSoko and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload, post or otherwise make available on GoSoko any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.gosoko.com, User automatically grants, or warrants that the owner of such material has expressly granted GoSoko the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants GoSoko the right to edit, copy, publish and distribute any material made available on www.gosoko.com by User.
- The foregoing provisions of Section 5 are for the benefit of GoSoko, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photographs, illustrations, video clips, audio clips, text, graphics, icons, messages, comments, feedback, ideas, notes, drawings, articles, functionalities and other materials (collectively, "Content") that are protected by copyrights, data base rights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter devised. All Content is copyrighted under applicable copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Content, in whole or in part. You may not insert or implement any link to this Website in any other website owned, maintained or operated by you, your employer or any other third party without the prior written permission of GoSoko. When Contents are downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- By using this Website you agree not to use any robot, spider, other automatic device, or manual process to monitor or copy web pages from the Website or any content contained herein without GoSoko prior expressed written permission. You undertake not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website. You further undertake not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website.
The Services may contain email services, bulletin board services, chat areas, personal web pages, photo albums, file cabinets and/or other message or communication facilities designed to enable User to sell a product or to buy a product. User agrees to use the Service only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, User agrees that when using the Services, User will not:
- Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, counter fake, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Service.
- Violate any code of conduct or other guidelines which may be applicable for any particular Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
GoSoko has no obligation to monitor the Services. However, GoSoko reserves the right to review materials posted to the Services and to remove any materials in its sole discretion. GoSoko reserves the right to terminate User’s access to any or all of the Services at any time, without notice, for any reason whatsoever. GoSoko reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GoSoko's sole discretion.
Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Services. GoSoko does not control or endorse the content, messages or information found in any Services and, therefore, GoSoko specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Services. Managers and hosts are not authorized GoSoko spokespersons, and their views do not necessarily reflect those of GoSoko.
6.1 Purchase conditions
When buying an item, you agree to the purchasing conditions and that:
- You are responsible for reading the full item listing before making a bid or commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item or if you have put a purchase order (or your order is otherwise accepted).
- We do not transfer legal ownership of items from the seller to the buyer.
6.2 Listing conditions
When listing an item, you agree to comply with GoSoko's rules for listing and Selling Practices policy and that:
- You are responsible for the accuracy and content of the listing and item offered;
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). GoSoko can't guarantee exact listing durations;
- Content that violates any of GoSoko's policies may be deleted at GoSoko's discretion;
We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- Buyer's location, search query, browsing site, and history;
- Item's location, listing format, price and shipping cost, terms of service end time, history, and relevance to the user query;
- Seller's history, including listing practices, detailed seller ratings, GoSoko policy compliance, feedback, and defect rate; and
- Number of listings matching the buyer's query.accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- Some advanced listing upgrades will only be visible on certain Services.
- GoSoko's Duplicate Listing Policy may also affect whether your listing appears in search results.
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers.
If any of the Services requires User to open an account, User must complete the registration process by providing GoSoko with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify GoSoko immediately of any unauthorized use of User’s account or any other breach of security. GoSoko will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by GoSoko or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
GOSOKO AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. [NAME OF COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL [NAME OF COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. [NAME OF COMPANY] AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL GOSOKO AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
GoSoko does not claim ownership of the materials User provide to GoSoko (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting GoSoko, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all GoSoko Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
- USER EXPRESSLY AGREES THAT USE OF WWW.GOSOKO.COM IS AT USER'S SOLE RISK. NEITHER GOSOKO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT WWW.GOSOKO.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.GOSOKO.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH WWW.GOSOKO.COM.
- WWW.GOSOKO.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT GOSOKO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
- IN NO EVENT WILL GOSOKO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING WWW.GOSOKO OR THE GOSOKO SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.GOSOKO.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, GOSOKO, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN WWW.GOSOKO.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. GOSOKO, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, GOSOKO, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
THE LINKS IN THIS AREA WILL LET YOU LEAVE GOSOKO'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF GOSOKO AND GOSOKO IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GOSOKO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. GOSOKO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY GOSOKO OF THE SITE.
GoSoko is a distributor of content supplied by third parties and Users. Accordingly, GoSoko has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.gosoko.com, are those of the respective author(s) or distributor(s) and not of GoSoko. Neither GoSoko nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.gosoko.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with GoSoko. GoSoko neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.gosoko.com by anyone other than authorized GoSoko employee spokespersons while acting in their official capacities. Under no circumstances will GoSoko be liable for any loss or damage caused by a User's reliance on information obtained through www.gosoko.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through GoSoko. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
As a convenience and to make the GoSoko website truly service oriented we have included links to complementary sites on the Internet. These sites are owned and operated by third parties. GoSoko makes no representation and is not responsible for the availability of, or content located on or through, these third party sites. A third party link from the GoSoko website is not an indication that GoSoko endorses the third party or its site, or has any affiliation with or between GoSoko and the third party hosting site.
GOSOKO OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN GOSOKO'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO GOSOKO. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO GOSOKO OR ANYONE AT GOSOKO. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT GOSOKO MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
GoSoko shall have the right, but not the obligation, to monitor the content of www.gosoko.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GoSoko and to satisfy any law, regulation or authorized government request. GoSoko shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.gosoko.com. Without limiting the foregoing, GoSoko shall have the right to remove any material that GoSoko, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless GoSoko, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of GoSoko by User or User's Account.
Either GoSoko or User may terminate this Agreement at any time. Without limiting the foregoing, GoSoko shall have the right to immediately terminate User's Account in the event of any conduct by User which GoSoko, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for www.gosoko.com established by GoSoko 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 Dubai, United Arab Emirates, 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.
GoSoko its logos are trademarks of GoSoko Ltd. All rights reserved. All other trademarks appearing on GoSoko are the property of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
TERMS AND CONDITIONS
This E-Commerce Vendor Agreement (“Agreement”) is entered into as of _____/_____/______, between GOSOKO KENYA LIMITED located at Nextgen Mall,Mombasa Road, Nairobi, Kenya
PIN Number P051744501W and ____________________________________________________________________________, located at __________________ P.O. Box , Kenya. PIN Number_________________ _ (“Vendor”).
The parties agree as follows:
The purpose of this Agreement is to provide qualifying vendors with the opportunity to sell products through gosoko.com. This Agreement supplements any other agreements governing the buying and selling of products between gosoko.com and Vendor, including any vendor buying agreements and/or purchase orders.
For purposes of this Agreement, E-Commerce means sales of products by Gosoko to its retail customers via the Internet, through its platform. E-Commerce also includes any related business and marketing activities supporting such sales.
The Term of this Agreement begins on / / (the Effective Date) and continues until either:
- Gosoko or Vendor terminates this Agreement upon thirty (30) days written notice to the other; or
- Vendor ceases selling products through Gosoko’s Platform.
If terminated by either Party, the Agreement will continue to govern the sale of the Vendor’s products listed for E-Commerce prior to termination until such products are sold, returned, or removed from inventory so that no inventory of such products remains.
IV. REPRESENTATIONS AND WARRANTIES.
Vendor represents and warrants that:
(1) It has the power to authorize the sale and/or display of its products on-line and as part of Gosoko’s E-Commerce business;
(2) All product information, data, images, and/or intellectual property provided by Vendor to Gosoko for its E-Commerce business: -
(a) Complies with all applicable laws;
(b) Are accurate and that all claims contained therein have been substantiated; and
(c) Have been cleared for the uses contemplated hereunder; and
- It has secured any and all clearances, permissions, approvals, authorizations, rights and licenses necessary for the use or display of all Vendor product information, data, images, and/or intellectual property provided to Gosoko as part of its E-Commerce business.
Settlement fees refers to the money owed to the vendor after their product has been delivered and paid for by the customer. Such settlement will be made on an agreed payment policy between both parties but at current, our payment policy stands on a weekly and biweekly payment duration.
Vendor grants to Gosoko the non-exclusive, worldwide, royalty-free right and license to use and display any product information, specifications, warranty information, data, images, and/or intellectual property Vendor furnishes Gosoko for use in its E-Commerce business during the Term of this Agreement (“Vendor Content”).
Gosoko may use Vendor Content for any purpose related to its E-Commerce business or in furtherance of promoting Vendor’s products, including use in Gosoko’s websites, emails, and marketing or advertising campaigns.
The Vendor acknowledges that Gosoko is relying upon the Vendor to ensure that all Vendor Content is accurate and complete, and Vendor agrees to notify Gosoko and revise and resubmit Vendor Content promptly upon discovery that it is inaccurate or incomplete.
- Academy agrees that it will not make modifications or alterations to Vendor Content without Vendor’s prior written approval.
- Except for the limited license granted to Academy herein, Vendor retains all right, title, and interest to Vendor Content.
VII. INTELLECTUAL PROPERTY OF GOSOKO.
Vendor acknowledges and agrees that all patents, designs, trade names, trademarks, copyrights, trade secrets, or other intellectual property owned or controlled by Gosoko shall be and remain the sole property of Gosoko.
The vendor shall indemnify, defend, and hold Gosoko, its owners, affiliates, subsidiaries, officers, managers, partners, employees, and agents from and against any and all claims, lawsuits, judgments, losses, civil penalties, liabilities, damages, costs, and expenses, including reasonable attorney’s fees and court costs, arising out of or related to any: -
- ALLEGED DEFECT IN OR INJURY FROM VENDOR’S PRODUCTS;
- ALLEGED FAILURE OF VENDOR OR VENDOR’S PRODUCTS TO COMPLY WITH THIS AGREEMENT OR ANY LAWS, REGULATIONS, WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF VENDOR;
- ALLEGATIONS CONCERNING VENDOR CONTENT;
- NEGLIGENT OR GROSSLY NEGLIGENT ACTION, INACTION, OMISSION OR INTENTIONAL MISCONDUCT OF VENDOR; AND/OR
- USE OF OR INFRINGEMENT UPON ANY INTELLECTUAL PROPERTY RIGHT OF VENDOR.
Gosoko shall mutually indemnify vendor from any: -
- ALLEGED FAILURE OF GOSOKO TO COMPLY WITH THIS AGREEMENT;
- NEGLIGENT OR GROSSLY NEGLIGENT ACTION, INACTION, OMISSION OR INTENTIONAL MISCONDUCT OF GOSOKO; AND/OR
- USE OF OR INFRINGEMENT UPON ANY INTELLECTUAL PROPERTY RIGHT OF GOSOKO.
IX. CHOICE OF LAW.
The laws of the Republic of Kenya govern this Agreement and any disputes arising hereunder. Except injunctive or other equitable relief, Gosoko and the Vendor agree that, as a condition precedent to the institution of any action regarding disputes arising under this Agreement, such disputes shall first be submitted to mediation before a professional mediator selected by both parties, at a mutually agreed time and place, and with the mediator’s fees split equally between the parties. If mediation is unsuccessful, the parties agree to submit disputes to Commercial Courts in Nairobi County, Kenya.
Either Party may assign this Agreement to a present or future owner, subsidiary, or affiliated entity, including a future successor or party acquiring all or part of the Party’s business.
All other assignments, transfers, or delegations require written consent of both Parties. Any attempted assignment or transfer in contravention of this Section shall be void.
XI. ENTIRE AGREEMENT.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements, understandings, negotiations, representations or proposals or any kind, whether written, oral or otherwise. Neither party has relied upon any statements, representations or other communications that are not contained in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of GoSoko's Services or your breach of any law or the rights of a third party.
Refund Eligibility & Policy :
- When your order/item(s) is 7 business day (past 15 business days) late after due date for collection.
- When your order/item(s) received is damaged
- When your order/item(s) received is not what you have ordered
Return Policy :
Please kindly inspect the item carefully upon delivery (to check if all criteria match as per your order).
Please note that we do not accept returns for items below :
- Innerwear, swimsuits, gym wear, sleep wear
- Perfumes, jewelry, health & wellness products, adult toys
- Products shipped from overseas (that are not damaged)
What do you have to do – please follow this steps for order/item(s) damaged or not in conformity with your order :
Steps to follow for damaged/faulty products
1-/ Within 7 days of delivery, please notify GoSoko either via email or phone call during working hours, to submit a re-fund claim.
2-/ You are required to return the product within 4 working days to our premise.
3-/ Within 15 working days, we will evaluate a quality check, alert our suppliers and arrange for the refund process. You are expected to produce proof of purchase and identity along with any promotional items that may have been attached to your products for efficient processing.
4-/ After that quality evaluation we will notify you by email/sms or call with your refund request has been approved or rejected.
- On approval, refunds are directed back through same payment modes and notified.
- If rejected, you have 30 business day to come pick up back your product at our office. You have to bring us your proof of purchase, order number and identity proof.
What do you have to do – please follow this steps for order/item(s) late 7 business day after due date :
Steps to follow for delayed delivery
1-/ If your order/item(s) is 7 business day late after due date please send us a refund request by mail or call (during office hours) with the following information : order number, proof of purchase and identity detail.
2-/ We will proceed to verification and contact you again by mail or call to try to find a solution.
3-/ If not solution agrees by both parties we will proceed to a refund in the 5 business day with the same payment method you pay your order/item(s).
Please note that the amount refunded will be the exact amount paid.
For example: If you purchased an item on sale or with a voucher or discount code for $10 and its original value was $20, we will refund you $10.
We will always proceed to refund with the same method payment you use to pay the order.
Please note that refund process is free of charge for you but you have to clearly follow the steps and respect the timelines.
We will not accept delay in timelines (except for late order you can request a refund anytime after the 7 business day delay).
All comments, feedback, information or materials submitted to GoSoko through or in association with this website shall be considered non-confidential and GoSoko's property. By submitting such comments, information, feedback, or materials to GoSoko you agree to a no-charge assignment to GoSoko of worldwide rights to use, copy, modify, display and distribute the submissions. GoSoko may use such comments, information or materials in any way it chooses in an unrestricted basis.
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
Any rights not expressly granted herein are reserved.