Terms of use

TERMS AND CONDITIONS (EXCERPT FOR TrotroMall.com MARKETPLACE PLATFORM)
1. Nature of the Platform and Venue Provider Status The Platform is strictly an online venue provider, intermediary, and facilitator that allows independent users to list, sell, and buy goods or services. We are not an auctioneer, agent, broker, insurer, or partner to any user. We are not a party to, and have no control over, any actual transaction, agreement, or communication between buyers and sellers. Any contract for sale or service is formed solely and directly between the buyer and the seller. We do not employ any user, nor do we act as a representative for any user using the Platform.
2. "As-Is" and "As-Available" Platform Disclaimer
The Platform and all services, content, and functionalities provided through it are offered on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied. To the maximum extent permitted under Ghanaian law, we explicitly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Platform will be uninterrupted, secure, error-free, free of viruses, or that it will operate continuously during local telecommunications or mobile network downtimes, power outages, or internet service provider disruptions.

3. No Warranty on User Content, Goods, or Services We have no control over, and do not pre-screen, verify, or guarantee: (a) The quality, safety, legality, authenticity, or condition of any items or services listed or advertised on the Platform; (b) The truth, accuracy, completeness, or reliability of any listings, user profiles, reviews, or content posted by users; or (c) The legal capacity, honesty, or ability of any buyer to pay or any seller to complete a transaction. Users use the Platform and interact with other users entirely at their own risk.

4. Exclusion of Indirect and Consequential Damages To the maximum extent permitted by applicable law, in no event shall we, our directors, employees, or agents be liable to you or any third party for any indirect, incidental, special, exemplary, punitive, or consequential damages whatsoever. This includes, without limitation, damages for loss of profits, loss of data, loss of goodwill, business interruption, or personal injury arising out of or in connection with your use of the Platform, your interactions or transactions with other users, or any mobile money (MoMo) or banking fraud executed by other users, even if we have been advised of the possibility of such damages.

5. Limitation of Liability Cap To the maximum extent permitted by the Laws of the Republic of Ghana, our total aggregate liability to you for any and all claims, grievances, or legal actions arising out of or relating to these Terms or your use of the Platform—whether in contract, tort (including negligence), strict liability, or otherwise—shall be strictly limited to: (a) The total amount of transaction fees or commissions actually paid by you to the Platform in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) One Thousand Ghanaian Cedis (GHS 1,000.00), whichever amount is lower.

6. User Indemnification You agree to defend, indemnify, and hold harmless our company, its subsidiaries, affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal and professional fees) arising out of or in any way connected with: (a) Your access to or misuse of the Platform; (b) Your breach or alleged violation of any provision of these Terms; (c) Any content, listing, or product you upload, sell, or purchase through the Platform; or (d) Your violation of any applicable local laws, regulations, or the intellectual property rights of any third party.

7. Mobile Money (MoMo) and Payment Disputes Disclaimer The Platform facilitates P2P transactions which rely heavily on third-party mobile money networks and telecommunication infrastructures. You explicitly acknowledge and agree that: (a) We are not a bank, remittance service, or payment processor; (b) We are not liable for any failed transfers, delayed payments, network dropouts, transaction errors, or fraudulent payment reversals initiated via Mobile Money (MoMo) or electronic bank transfers; (c) Payment transactions processed through third-party payment gateways integration (such as Morapay or Hubtel or Paystack Ghana) are governed exclusively by the terms and conditions of those respective service providers, and we hold zero liability for their processing failures or compliance issues.

8. Cybersecurity, Account Credentials, and Data Privacy In compliance with the Data Protection Act, 2012 (Act 843), we implement industry-standard technical measures to secure our systems and protect your personal data against unauthorized access. We cannot waive liability for data breaches caused directly by our own proven systemic negligence. However, you are solely responsible for maintaining the confidentiality and security of your account login credentials, passwords, and verification pins. We shall not be liable for any unauthorized access to your account or any financial losses resulting from your failure to keep your credentials confidential.

9. Prohibited Items and Criminal Activity Users are strictly prohibited from listing, selling, buying, or trading any illegal, counterfeit, or restricted items on the Platform. This includes, but is not limited to, unregistered pharmaceuticals, illicit drugs, weapons, counterfeit luxury goods, stolen property, and unregulated or unauthorized financial products. In accordance with the Electronic Transactions Act, 2008 (Act 772), we maintain a strict "notice-and-take-down" policy. Upon receiving valid notification or gaining actual knowledge of illegal content, listings, or criminal activity on the Platform, we will act expeditiously to remove, delete, or disable access to the offending content and may suspend or terminate the responsible user accounts immediately.

10. Governing Law and Dispute Resolution These Terms and Conditions, and any dispute or claim arising out of or in connection with them, shall be governed by, interpreted, and enforced exclusively in accordance with the Laws of the Republic of Ghana. Any dispute, controversy, or claim arising out of or relating to this agreement, including its existence, validity, interpretation, performance, breach, or termination, shall first be referred to and finally resolved by binding arbitration in Accra, Ghana. The arbitration shall be conducted in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798) by a sole arbitrator appointed by mutual agreement, or failing agreement, by the Ghana Association of Certified Mediators and Arbitrators (GHACMA). You agree to exhaust this arbitration process completely before initiating any formal recourse in a court of law.