TERMS AND CONDITIONS
Web Site (“the Site”)
is an e-commerce Web site provided by Empomart.com Ltd. Empomart.com Ltd
is registered in Ghana under company registration number CS103342016 and has its registered office at Accra. Please carefully go through these Terms and Conditions (the “Terms”)
before accessing or making use of this Web site. In using this Site you agree to be of the legal age of 18 years and to be bound by these Terms. If you don’t agree, we insist you are not to use this Web site. In addition, if you are using a particular service on or through this Web site, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms.
In these Terms, the expressions “Empomart
”, “Company”, “we”, “us” and “our” are in reference to Empomart.com Co. Ltd. “You” and “Your” refers to you, the person accessing this Web site and accepting the Empomart
Terms. The terms “service”, “services”, “product” or “products” refer to merchandise and services advertised on the Web site, whether advertised by Empomart.com Ltd or other Companies.
2. What We Own
All contents available on the Site and all services rendered by and through Empomart
, its subsidiaries, its employees, agents, licensors and other commercial partners including, but not limited to, photographs, graphics, audio , design and functions, software, software documentation, layout, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned exclusively by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Empomart
without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or
3. Rights to Use What We Own
Subject to this Agreement, Empomart
hereby grants all merchants registered on Empomart
and buyers a limited, revocable, non-transferable and non-exclusive license to use the Materials through a user identification reference provided by Empomart
“Username”) to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of outlined in the Terms. You agree that this license does not grant you the permission to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials or otherwise distribute in any way the Materials other than as specifically permitted in herein. Any use of the Materials for any purpose other than as specifically allowed herein or without our prior consent or the prior written consent of our licensed merchants, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
We will grant you one Username for each account held by you, thereby permitting you access to the Materials on one computer at a time through the Site. You agree to provide correct information when setting up your accounts and to regularly update such information. Your failure to do so may result in the cancellation of your account and loss of Services.
4. What You Provide to Us
As part of the policies of Empomart
, we shall to the best of our ability scrutinize contents to be advertised in order to ensure that they are fit for the public. Notwithstanding this, you agree to be held legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials uploaded, posted or stored in connection with your use of our Services. We are not responsible for the Content Merchants offer to be used on their Web stores. Merchants hereby grant Empomart
a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide the Services they opt for. Merchants hereby warrant that they have all the rights necessary to grant us such license.
, which is incorporated into these Terms and hence governs your visit to the Site.
6. Electronic Communications
When you visit the Site or send e-mail to Empomart
, 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 the Site. 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.
7. Delivery Policy
Currently we deliver only within Ghana. An estimated delivery timeframe for the product will be provided to you when you receive your order confirmation. We will require you or your representative (a person above 18 years) to show proof of identity and to append a signature at the time of delivery of the Product(s) as proof of a successful delivery. Details used for placing the order will be used for the identification.
If we are unable to deliver the Product(s) on the agreed date because there is nobody at home or the delivery point then we will leave a card as an indication that we have attempted delivery. It will then be your obligation to contact us to arrange a new delivery date. When it has not been possible to deliver the Product(s) due to no fault of on our part we reserve the right to make a charge for any further attempt to deliver the Product(s). We will decide with you the amount to be charged and the means of payment prior to attempting any further delivery of the Product(s). Where there are specific delivery instructions these should be communicated clearly to us at the time of the order.
You agree that all information you provide to Empomart
for purchasing and delivery purposes will be true, accurate, and complete. You agree to maintain the confidentiality of any identification number, username, key or password ("Identifiers") linked to your account on Empomart
. You agree to accept full responsibility for all activities that occur under your account. You agree to immediately notify Empomart
of any unauthorized use of your account or any other breach of security. You are fully responsible for all activities under your account. We will not responsible for any misuse of your account by someone who uses your login details.
All Site design, text, graphics, logos, button icons, images, photos, audio clips, video clips, digital downloads, data compilations and software are owned solely and exclusively by Empomart
or its content suppliers and protected by Ghana and international copyright or patent laws. The compilation of all content on the Site is the exclusive property of Empomart
and protected by Ghana and international copyright laws. All software used on this Site is the property of Empomart
or its software suppliers and protected by Ghana and international copyright or patent laws. No Site material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any medium including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Empomart
10. Disclaimer of Warranties
You agree that you access the Site is at your sole risk. The Site is provided on an "as is" basis. We make no warranty that the Site will (i) satisfy your requirements, (ii) be uninterrupted, timely, secure, or error-free, (iii) have results that may be deemed through its use to be accurate or reliable, or that (iv) have corrections of any past errors on it. Any material downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely accountable for any harm to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Empomart
shall create any warranty not expressly stated in these Terms.
11. Limitation of Liability
You expressly understand and agree that neither Empomart
nor its Associates or linked-to merchants shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (i) the use or the inability to use the Site; (ii) the cost of obtaining substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; (v) misdirected orders or lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data; or (vi) any other matter relating to the Site even if Empomart
, or its employees are advised of the possibility or likelihood of such damages, losses or expenses.
You agree to indemnify and hold Empomart
, its licensors, subsidiaries, Associates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of (i) your use (or anyone using your account’s) use of the Services, the Site or the Materials, (ii) your Content, or (iii) any Commercial Products you offer on or through the Site or using our Services. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party
13. Registration for the Associate Program
To participate in the Associate program, you need to register a free customer account. To register you need to supply us with your name, address, email address and some other personal information.
for more details about this. You will also be asked to create a username for, and allocate a password to, your Account. You are to keep the password confidential and immediately notify us in the event of an unauthorized use of your Account or any breach of security known to you. You agree that you are wholly responsible if you fail to maintain the confidentiality of your password. You must sign-up with a valid personal email address that is accessed regularly, so that, among other things, administrative emails can be sent to you.
14. Authorization and Contract with Associates
You acknowledge that in deciding to sign up for the Empomart
business opportunity you have read and understood the Empomart
Privacy Policies which are incorporated into these Terms and made part of it as if restated in full, as posted on www.Empomart
and that you would have read and agree to all terms set forth in these Terms. We reserve the right to reject any application for any reason within 30 days of receipt. All members accept that the signing-up fee is non-refundable and that at the completion of the Associate enrollment process, no refund will apply.
15. Termination of Associate Membership Agreement
If the Associate Agreement is suspended or terminated for any reason, you understand that you will permanently forfeit all rights as an Associate. You shall not be eligible to receive royalties, bonuses, or other income resulting from the activities of your former sales organization. In the event of suspension or termination, you waive all rights you have, including but not limited to property rights, to your former downline organization and to any bonuses, commissions or other remuneration derived through the activities resulting from building your former Associate organization. We reserve the right to terminate all Associate Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) modify the marketing approach to be in line with Traditional or Direct Sales Marketing (4) terminate distribution of products on the Empomart
Web site and/or services via direct selling channels. Associates may cancel this Agreement at any time, and for any reason, upon notice to support@Empomart
16. Presenting the Prosperity Plan
You agree when presenting the Empomart
Prosperity Plan to present it in its entirety as outlined on the Empomart
Web site or in official Empomart
materials, emphasizing that orders placed by Associates and their downlines qualify them to receive commissions. In presenting the plan to prospective Associates, you agree not to utilize any literature, materials or aids not produced or specifically authorized in writing by Empomart
17. Proprietary Information and Trade Secrets
You recognize and agree that, as further set forth in these Terms, information compiled by or maintained by Empomart
, including Line of Sponsorship (LOS) information (i.e., information that discloses or relates to all or part of the specific arrangement of sponsorship within Empomart
business opportunity including, without limitation, Associates lists, sponsorship trees, and all Empomart
Associate information generated thereof, in its present or future forms, constitutes a commercially advantageous, unique and proprietary trade secret of Empomart
, which it keeps as proprietary and confidential and treats as a trade secret. During the term of your contract with Empomart
grants you a personal, nonexclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, LOS information, business reports, manufacturing and product developments, and member sales, earnings and other financial reports to facilitate your Empomart
18. Non-Competition Agreement
You agree that during the period while you are an Associate, and for six months following resignation, non-renewal, or termination of your business, you will not compete with Empomart
. This covenant shall survive the expiration or termination of your authorization and contract with Empomart
19. Images / Recordings / Consents
You agree to permit Empomart
to obtain photographs, videos, and other recorded media of you or your likeness. You acknowledge and agree to allow any such recorded media to be used by Empomart
for any lawful purpose, and without compensation.
20. Reporting Policy Violations
Associates who become aware of a policy violation by another Associate should submit a written report of the violation directly to the attention of the Empomart
Compliance Department. Details of the incidents such as dates, number of occurrences, persons involved and any supporting documentation should be included in the report.
21. Dispute Resolution
All disputes and claims relating to Empomart
, third party products and services advertised on the Site, the rights and obligations of an Associate and Empomart
, or any other claims or causes of action relating to the performance of either an Associate or Empomart
shall be settled totally and finally by arbitration in Accra, Ghana, or such other location as Empomart
prescribes, in accordance with the constitution of Ghana. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Empomart
from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
22. Time Limitation
If an Associate or any user wishes to bring an action against Empomart
for any act or omission relating to or arising from the Terms, such an action must be brought within one year from the date of the alleged conduct giving rise to the cause of action. The user waives all claims that any other statutes of limitations apply.
23. Costs and Expenses Incurred By Associates
The Associate is responsible for bearing all costs and expenses incurred in the conduct of their participation.
24. Cross Sponsoring an Existing Associate
Cross lining or cross sponsoring is where a member solicits other Empomart
Associates who are not in their team or line of sponsorship to become an Associate in their business organization. Cross lining without written permission from the five (5) upline Associates (if applicable) of the Associate being re-placed is strictly prohibited in Empomart
and may result in the imposition of penalties including immediate termination of the Associate’ accounts and participation in the Empomart
business plan. Copies of the written permission should be forwarded to the support@Empomart
25. Placement Sponsoring of New Associates
New enrollees that have not been placed under a particular Placement Sponsor at the time of enrollment will, by default, be placed Front Line (as further defined below) to their Sponsor. If a Placement Sponsor has not been selected by the end of the first thirty (30) days of enrollment, then their Sponsor becomes their Placement Sponsor and changes thereafter must be made in accordance with and through a properly completed and fully executed Placement Sponsor Change Request form, which includes the written approval of his or her immediate five (5) Sponsor Upline Associates. The Associate who requests the change must submit a processing fee for administrative charges and data processing. Changing Associates must allow thirty (30) days after the receipt of the Placement Sponsor Change Request form by Empomart
for processing while a decision is being made. If the change is approved, only one placement sponsor change will be allowed per Associate and Customer.
26. Routine Maintenance of Website
On occasion, the Empomart
Web site will undergo routine maintenance or experience unexpected technical problems. We will make a good-faith effort to do maintenance as quickly and conveniently as possible, and to respond to technical problems promptly. We may be required to access an Associate back-office or a Merchant's Web Store from time to time to provide maintenance. We will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by Associates and Merchants; or temporary or permanent loss of data
27. Promises Made by Empomart Associates
When an Associate presents Empomart
to others they should understand all aspects of the rewards program and not make any representation or promise that is not contained in this agreement or in Empomart
corporate literature and promotional materials. This representation includes print media, video/audio media or any other form of advertisement/ promotion.
If a prospective Associate relies on any promises made by an Empomart
Associate that is not stated in this Agreement and/or official company materials, and the Associate fails to keep any such promise, the prospective members shall only have recourse against the Associate and not Empomart
If the Associate has unfulfilled promises made they have the option of lodging a complaint with Empomart
. Upon receipt of such a complaint, the Company will investigate the matter as it deems necessary and, upon validation of such a complaint, impose appropriate penalties on the offending Associate. Such action however will not result in any recovery of damages by the prospective Associate, which the prospective Associate is free to seek against the offending Associate, not the Company.
28. Transfer of Membership Account and Benefits
An Associate may sell, or WILL on to its "surviving heirs" its interests in its business asset / any continuing income / and the inherent future potential of its earnings. In such an event, the remaining period of income and incentives shall also be transferred to the purchaser or heir. For Empomart
to acknowledge the sale the selling Associate must supply proof of the sale in the form of a signed letter by both parties detailing that the sale has been made as well as providing details of the purchaser including all the fields listed in their profile. The documents can be emailed to support@ Empomart
. We will advise the seller and the purchaser by email if the sale has been approved.
Members who sell their Empomart
account must wait six months after the sale has been executed and authorized by Empomart
before they can rejoin as an Associate.
29. Income Disclaimer
Prosperity Plan is a thrilling business opportunity that rewards the efforts of Empomart
members on their personal activities as well as the activities within their marketing organizations. By activities is meant sign-ups or product purchases. Although the opportunity is limitless, individual earnings will vary on the basis of the commitment and sales skills of each participant. Empomart
is a recent Company and hence lacks adequate statistical data to make reliable income disclosures. The numbers indicated below reflect estimates prepared by the Company as we await a detailed survey to be carried out upon the completion of its first year. From the Company projections and industry standards, the average annual gross income falls within the range of GH¢2,500 and GH¢10,000. There will definitely be members whose annual income will be less and others who will earn much more.
We're thrilled about the Empomart
Prosperity Plan and we are very positive it will afford you a very solid ground to help you meet your financial set goals.
If an Associate was exposed to some income projections prior to you becoming an Associate, such income projections are not necessarily indicative of the income to be earned through participation in the Prosperity Plan.
These income projections should not be taken as guarantees or projections of actual earnings or profits. Success with Empomart
results only from hard work, dedication, and sound leadership.
30. Official Languages/Definitions
The English version of this Agreement, as maintained by Empomart
is the official version and shall control over any other language version(s) which may be made available for ease of reference for some Associates. As used in the Empomart
materials, when the term, "refer/introduce" and words of similar import are used to describe the enrolment/ promotional activities of members, this is an abbreviated reference to the promotional activities of member with respect to the Associate program. Likewise, when the term, "enroll", “recruit” and words of similar import are used to describe the referral and recruiting activities of members, this is an abbreviated reference to the team building activities of Associates and it is understood that the agreement by which one becomes an Associate is between the Company and the enrolled Member and not between the new member and the referring member.
All pricing for starter-kits are determined by the management of Empomart
and this right is reserved for the Web site. Management has the right to modify and change the prices at any time and without prior notice.
32. Banking Fees
Associates and Merchants are responsible for all banking fees if there is any payment and/or ATM withdrawal request made through bank and financial systems and Empomart
has no liability for paying such expenses.
33. Serving a Subpoena
All subpoenas must be delivered in writing to our legal offices or sent to our address in Accra. Subpoenas sent by fax or e-mail, will not be considered as legally sufficient and will be of no force and effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and Empomart as a result of these Terms or use of the Site.
- If any provisions of these Terms is held to conflict with any National or International law under which any provision may be held invalid by a court of competent jurisdiction over the parties in dispute, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Terms will remain in full force and effect. These Terms may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.
- A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or in relation to these Terms to the same degree and subject to the same conditions as other business documents and records originally produced and kept in printed form.
- Empomart reserves the right to refuse service, terminate accounts, remove or edit content at any time in its sole discretion.
35. Copyright Complaints
We respect the intellectual property of others. Following is our Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied such that it constitutes copyright infringement, kindly provide Empomart
copyright agent the written information specified below. Please note that this procedure is only for informing Empomart
that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that is claimed to have been infringed upon;
- A description of the location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Empomart.com Ltd 's Agent for Notice of copyright or other intellectual property infringement can be reached as follows:
P. O. Box MD 1794
Any dispute that may arise between you and Empomart, including, without limitation, claims for enforcement, breach or violation of duties or rights under these Terms shall be dealt with under the laws of Ghana, without regard to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Accra, Ghana in all disputes arising out of or relating to the use of the Site.