Terms and Conditions
Welcome to the Biribiaa.com website (the “Site”). Biribiaa! provides services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. By using this site, you agree to all the terms and conditions so please read this agreement carefully before proceeding.
We offer a wide range of Biribiaa! Services, and sometimes additional terms may apply. When you use a Biribiaa! Service (for example, Your Profile, Gift Cards, Biribiaa! groceries, Rentals, Your Media Library or the Biribiaa! mobile application) you also will be subject to the guidelines, terms and agreements applicable to that Biribiaa! Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
When you use any Biribiaa! Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Biribiaa! Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fabric.com or its content suppliers and protected by Ghana and international copyright laws. The compilation of all content on this site is the exclusive property of Biribiaa.com and protected by GH. and international copyright laws. All software used on this site is the property of Biribiaa.com or its software suppliers and protected by Ghana and international copyright laws
Biribiaa!, Biribiaa.com, the Biribiaa! logo , and other Biribiaa! graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Biribiaa! in Ghana and/or other countries. Biribiaa!’s trademarks and trade dress may not be used in connection with any product or service that is not Biribiaa!’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages, defmaes or discredits Biribiaa!. All other trademarks not owned by Biribiaa! that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Biribiaa!.
One or more patents owned by Biribiaa! apply to the Biribiaa! Services and to the features and services accessible via the Biribiaa! Services. Portions of the Biribiaa! Services operate under license of one or more patents.
License And Access
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Biribiaa! or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Biribiaa! Services. This license does not include any resale or commercial use of any Biribiaa! Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Biribiaa! Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Biribiaa! or its licensors, suppliers, publishers, rightsholders, or other content providers. No Biribiaa! Service, nor any part of any Biribiaa! Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Biribiaa!. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Biribiaa! without express written consent. You may not use any meta tags or any other “hidden text” utilizing Biribiaa!’s name or trademarks without the express written consent of Biribiaa!. You may not misuse the Biribiaa! Services. You may use the Biribiaa! Services only as permitted by law. The licenses granted by Biribiaa! terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Biribiaa! Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Biribiaa! does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Biribiaa! Services only with involvement of a parent or guardian. Alcohol listings on Biribiaa! are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Biribiaa! reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Reviews, Comments, Communications, And Other Content
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Biribiaa! reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Biribiaa! a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Biribiaa! and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Biribiaa! for all claims resulting from content you supply. Biribiaa! has the right but not the obligation to monitor and edit or remove any activity or content. Biribiaa! takes no responsibility and assumes no liability for any content posted by you or any third party.
Biribiaa! respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Risk Of Loss
All items purchased from Biribiaa! are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Returns, Refunds And Title
Biribiaa! does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Biribiaa! does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center.
Biribiaa! attempts to be as accurate as possible. However, Biribiaa! does not warrant that product descriptions or other content of any Biribiaa! Service is accurate, complete, reliable, current, or error-free. If a product offered by Biribiaa! itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Biribiaa! Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Biribiaa!, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Biribiaa! is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
By Purchasing any alcoholic beverages or products containing alcohol on Biribiaa.com, you are indicating that you are over 18 years of age and are legally permitted to do so. You cannot purchase any alcoholic beverages or products containing alcohol if you’re under the legal age of 18 years.A legal and valid form of Identification (passport, driver’s license, national ID card or voter’s registration card) will be requested and inspected upon delivery of all any and all alcoholic beverages and products containing alcohol. Failing to provide a valid and legal form of identification will lead us to not complete the transaction and products will be returned back to the merchant.
By using any Biribiaa! Service, you agree that the Arbitration Act, applicable federal law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Biribiaa!. Subject to the Arbitration section below, each party hereby agrees to submit to the jurisdiction of the courts of Ghana and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Ghana in English and governed by Ghanaian law pursuant to the Arbitration Act 1961 (ACT 38) as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Ghana and is independent of either party. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
BIRIBIAA! SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Biribiaa! Services (the “Biribiaa! Software”):
1.Use of the Biribiaa! Software. You may use Biribiaa! Software solely for purposes of enabling you to use and enjoy the Biribiaa! Services as provided by Biribiaa!, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Biribiaa! Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Biribiaa! Software or otherwise assign any rights to the Biribiaa! Software in whole or in part. You may not use the Biribiaa! Software for any illegal purpose. We may cease providing any Biribiaa! Software and we may terminate your right to use any Biribiaa! Software at any time. Your rights to use the Biribiaa! Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Biribiaa! Software that are specifically identified in related documentation may apply to that Biribiaa! Software (or software incorporated with the Biribiaa! Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Biribiaa! Service is the property of Biribiaa! or its software suppliers and protected by Ghana and international copyright laws.
3.No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Biribiaa! Software, whether in whole or in part, or create any derivative works from or of the Biribiaa! Software.
4.Updates. In order to keep the Biribiaa! Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Parties other than Biribiaa! operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Biribiaa! does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BIRIBIAA! SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIRIBIAA! SERVICES ARE PROVIDED BY BIRIBIAA! ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BIRIBIAA! MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BIRIBIAA! SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIRIBIAA! SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BIRIBIAA! SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BIRIBIAA! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIRIBIAA! DOES NOT WARRANT THAT THE BIRIBIAA! SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BIRIBIAA! SERVICES, BIRIBIAA!’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BIRIBIAA! ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIRIBIAA! WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BIRIBIAA! SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of Biribiaa! Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Old SCC Bitumen Plant Unit (BPU) Yard,
Off Abelemkpe Road, Abelemkpe,