Terms And Conditions
IOS & Android Mobile Apps
Terms and Conditions ("Terms")
Last updated: August 29, 2024.
This document lays out the terms and conditions (“Terms”) on which you (“you” or “User”) may use:
i) the TROOYOOS (“Trooyoos”, “us”, “we” or “our”) website at trooyoos.net; and
ii) the Trooyoos application, (IOS and Android)
for the purposes of these Terms, both the website and the application shall be referred to as the “App”.
The App facilitates the Offer and Request of free Items through the platform.
Read these Terms carefully before using the App. By using the App, you agree to comply with and be legally bound by these Terms, whether or not you become a registered User. These Terms govern your access to and use of the App and constitute a binding legal agreement between you and Trooyoos. You are advised to print and retain a copy of these Terms for your future reference.
-Section A contains general provisions which apply to all Users of the App and all sections of these Terms
-Section B applies to Requesters
-Section C applies to Posters
-Section D applies to the Trooyoos Subscription feature
For the purposes of these Terms:
“Poster or Giver” means a person who Offers an Item or Items for free;
“Requester or Receiver” means a person who Requests or Receives an Item or Items.
“Item” means physical item(s);
“Offer” means offering an Item or Items for free to Users by listing it on the App;
“Post” means offering an Item or Items for free to Users by listing it on the App;
“Request” means requesting an Item or Items being Offered on the App; and
“Platform” means the App’s software as a service platform;
In these Terms, unless the context requires a different interpretation:
the singular includes the plural and vice versa;
references to conditions are to conditions, of these Terms;
“including” is understood to mean “including without limitation”;
a reference to any statutory provision includes any modification or amendment of it;
SECTION A: GENERAL PROVISIONS
INFORMATION ABOUT TROOYOOS AND THE APP
The App is owned, managed, operated and maintained by TROOYOOS, (company number: BN408642016), and having its registered address at Awuletey Street, F283/2, GPS: GA-014-6745, Osu-Accra, Ghana.
Trooyoos is a mobile application which provides an easy way for Users to Offer Items to other Users for free. The Platform also allows Users to search for Items to Request.
Users can also create personal Trooyoos profiles (“Profiles”), communicate with other Users and Trooyoos (via the chat system or otherwise), provide feedback and rating on their experiences.
Trooyoos shall be entitled at its own discretion to suspend the App for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the App or Platform. Trooyoos shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including, but not limited to, preventing you from using the Platform.
Trooyoos reserves the right to make any changes to the App including any functionalities, content and Services or to discontinue any aspect of the same without notice to you.
Trooyoos relies on third-party providers (such as network providers, data centers and telecommunication providers) to make and host the App and the content therein and the Services available to you. Whilst Trooyoos takes all reasonable steps available to provide you with a good level of service, you acknowledge and agree that Trooyoos does not warrant that the App shall be uninterrupted or fault-free at all times. Trooyoos therefore shall not be liable in any way for any losses, damages, costs or expenses you may suffer as a result of delays or failures of the Services and App attributable to Trooyoos or its service providers.
Trooyoos may be contacted at Awuletey Street, F283/2, GPS: GA-014-6745, Osu-Accra, Ghana, or by email at: support@trooyoos.net
GENERAL
If Trooyoos fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by Trooyoos of any default shall not constitute a waiver of any subsequent default.
No waiver by Trooyoos of any of these Terms shall be effective unless it is expressly stated to be a waiver and it is communicated to you in writing.
For the avoidance of doubt, references to “in writing” shall be deemed to include emails.
Trooyoos reserves the right to use third-party suppliers or subcontractors at any time and in any way, in respect of the performance of its obligations under these Terms.
If any term, condition or provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and Trooyoos in respect of your use of the App, and they shall supersede any prior agreement, understanding or arrangement between you and Trooyoos, whether oral or in writing.
You acknowledge that in entering into these Terms, you have not relied on any representation, undertaking or promise given by or implied from anything said or written whether on the App, the internet or in negotiation between you and Trooyoos except as expressly set out in these Terms.
Trooyoos may alter or amend these Terms by notifying you by email or via the App. By continuing to use the App after notification, you will be deemed to have accepted any changes or amendment to these Terms.
These Terms are governed by and construed in accordance with the laws of Ghana and the Courts of Ghana shall have exclusive jurisdiction over any disputes arising out of these Terms.
If any dispute arises in connection with these Terms, the App, the parties will attempt to settle it by correspondence and, for business users, the dispute shall be referred to the courts of Ghana.
WARRANTIES
By registering your details with Trooyoos as a User, you warrant that:
you are legally capable of entering into binding contracts;
you are at least 18 years old;
the information provided by you to Trooyoos is true, accurate and correct. You further warrant that you shall promptly notify Trooyoos in the event of any changes to such information; and
you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the use of the App and Services.
REGISTRATION
In order to browse items or complete a transaction as a Requester or Poster within the App, you must first complete the registration form and set up an account as a Trooyoos User (“Account”).
All registered Users are able to use the App both as a Requester and a Poster, and are subject to the Terms in relation to Requester and Poster, as applicable.
When you register with Trooyoos you will be asked if you agree to these Terms, the End User License Agreement and agree to your personal data being used in accordance with our Privacy Policy.
Trooyoos may give you the opportunity to invite friends by email, SMS or WhatsApp to join the App. Trooyoos is not liable for any communication that you make via such third-party applications or other forms of media.
You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Trooyoos, Trooyoos reserves the right to promptly disable your Login Details and suspend your access to the App in the event that Trooyoos has any reason to believe you have breached any of the provisions in these Terms.
Notwithstanding the foregoing, Trooyoos reserves the right to:
accept or reject your application to register for any reason; and
suspend your Account and/or refuse you access to the App (partly or wholly) if you breach any of the provisions in these Terms.
No action or inaction on the part of Trooyoos to exercise its rights shall be taken as an acceptance of any actions or inactions on your part.
USER OBLIGATIONS
You agree that you are solely responsible and liable for all activities carried out by your use of the App, including, but not limited to, for the content of any communication made when using or about the App.
You shall not upload to the App (through your use of the Services), any information, reviews, comments, images, third-party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when submitting a review in relation to another User, or elsewhere on the App that, in Trooyoos’ reasonable opinion, may be deemed to be offensive, illegal, inappropriate or that in any way:
promotes racism, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
displays pornographic or sexually explicit material;
promotes any conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes any illegal activities;
provides instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
promotes or contains information that you know or believe to be inaccurate, false or misleading;
engages in or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of Trooyoos; or
infringes any rights of any third party (including their intellectual property rights).
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Platform. You agree that Trooyoos may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App.
You hereby grant to Trooyoos a non-exclusive, perpetual, irrevocable, worldwide, license to display on the App, any User Submission or any part of the same and for Trooyoos to make the User Submissions available to other Users of the App.
If you believe that any User Submission made by another User is incorrect or inappropriate, please report it using the App or contact Trooyoos using support@trooyoos.net . Trooyoos shall use its reasonable endeavors to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in breach of these Terms, Trooyoos reserves the right in its absolute discretion to suspend a User Account.
You further agree that at all times, you shall:
not use your Login Details with the intent of impersonating another person;
not allow any other person to use your Login Details;
not use the information presented on the App or provided to you by Trooyoos for any commercial purposes;
not do anything likely to harass, cause harm or distress to any other Users or Trooyoos employee;
not create multiple Accounts or create a new Account if you have previously been suspended and/or if you have been refused access to the Services and/or App for any reason;
not infringe any rights of any third parties (including their intellectual property rights);
comply with all instructions and policies from Trooyoos from time to time in respect of the use of the Platform and the App;
cooperate with any reasonable security or other checks or requests for information made by Trooyoos from time to time; and
use the information made available to you on the App at your own risk.
In the event that you have a dispute with any other User of the App, you hereby release Trooyoos from any claims, demands, losses, expenses and damages (whether direct, indirect, actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute and Trooyoos will have no liability or responsibility to resolve such dispute.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
If Trooyoos fails to comply with these Terms, Trooyoos shall be given a reasonable opportunity to rectify any errors and to re-perform its obligations hereunder.
If Trooyoos’ failure to comply with its obligations is not remedied, then Trooyoos shall only be liable for losses, damages, costs or expenses which are a reasonably foreseeable consequence of such failure (whether arising in contract, tort (including negligence) or otherwise), up to a maximum of eight hundred Ghana cedis only (GHS800).
You acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not attributed to Trooyoos nor are they endorsed by Trooyoos and, to the maximum extent permitted by law, Trooyoos excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
You acknowledge and agree that the App have not been developed to meet your individual requirements and therefore, it is your responsibility to ensure that they meet your requirements.
You acknowledge and agree that Trooyoos is not responsible or liable for any adverse or unfavorable ratings or reviews posted by other Users about you via the App.
Trooyoos does not routinely monitor or control any User Submission, or other information made available to you through your use of the Platform, the App.
Consequently, Trooyoos does not warrant or guarantee the accuracy, correctness, reliability or suitability in respect of any User Submission or any other information made available to you through your Offer or Request of the Items, or the App. Trooyoos cannot advise you or assist you in making or refraining from making a decision, or in deciding on a course or specific cause of action.
If you intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Platform, you do so at your own risk and liability. If Trooyoos is made aware that a User Submission is incorrect, it may correct the User Submission as it sees fit. For example, if a Post has been incorrectly labelled/categorized as a non-physical Item.
Trooyoos shall not be liable for losses (whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable) that result from its failure to comply with these Terms that fall into the following categories:
consequential, indirect or special losses;
loss of profits, income or revenue;
loss of savings or anticipated savings, interest or production;
loss of business or business benefits;
loss of contracts;
loss of opportunity or expectations;
loss of goodwill and/or reputation;
loss of marketing and/or public relations time and/or opportunities;
loss of data;
loss of management or office time; or
any other losses howsoever arising.
Nothing in these Terms excludes or limits Trooyoos’ liability for:
death or personal injury caused by its negligence;
fraud or fraudulent misrepresentation by Trooyoos; or
any other matter for which it would be illegal for Trooyoos to exclude or attempt to exclude its liability.
Trooyoos does not in any way participate nor shall it be liable in any way for whatever reason for any communication, transaction, meet-up, set-up or relationship between you and other Users. Trooyoos therefore recommends that you take all safety precautions when contacting, socializing and engaging in social gatherings or meetings, including with regard to the Offer and Request of Items, with other Users.
INTELLECTUAL PROPERTY RIGHTS
Trooyoos and its licensors own all the intellectual property rights in and relating to the App and Platform.
You are expressly prohibited from:
reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the App, except for the purposes of sharing content on social media platforms such as Twitter, Facebook, Instagram, YouTube, TikTok, LinkedIn etc; and
removing, modifying, altering or using any registered or unregistered trademarks/logos/designs owned by Trooyoos or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Trooyoos or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Trooyoos.
Provided that Trooyoos is unaware of any infringement of any third-party intellectual property rights at the time you submit any User Submissions, Trooyoos shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or Trooyoos.
PRIVACY AND DATA PROTECTION
Your privacy and the safety of your personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
FORCE MAJEURE
Trooyoos shall not be liable or responsible for any failure to perform, or delay in performance of any of its obligations under these Terms that is caused by events outside its reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Trooyoos’ reasonable control and includes in particular (without limitation) the following:
strikes, lock-outs or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government (including lockdowns).
Trooyoos’ performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and Trooyoos shall have an extension of time for performance for the duration of that period. Trooyoos will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms may be performed despite the Force Majeure Event.
COMPLAINTS
If you wish to lodge a complaint about another User for breaching any of these Terms, you may do so by sending Trooyoos details of your complaint by emailing support@trooyoos.net. Trooyoos will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to attempt to resolve or rectify the subject matter of such complaints.
TERMINATION
Trooyoos may suspend or terminate your use of the Platform or ban you from using the App, at its entire discretion, if:
any of Trooyoos’ third-party communication network providers or any other third-party providers cease to make their services available to Trooyoos for any reason;
Trooyoos believes you or someone using your login details has failed to comply with one or more of these Terms;
Trooyoos believes there has been fraudulent use, misuse or abuse of the Services and/or App;
Trooyoos believes you have provided any false, inaccurate or misleading information; or
Trooyoos believes that your use of the Platform or presence on the App may cause harm or distress to other Users.
On termination, your access to the App shall cease and Trooyoos may delete your Profile.
We will notify you that your Account has been terminated, banned or suspended, unless you repeatedly breach the Terms or we have legal or regulatory reasons preventing us from notifying you. If Trooyoos terminates your Account, you will not have a contractual or legal right to continue to use the Platform.
You may delete your Account on the App at any time by selecting the appropriate function in your Account settings in the application version. If you terminate your Account, you may lose any information associated with your Account, including your profile, any User Submissions and any related content.
SECTION B: REQUESTERS
INTRODUCTION
Upon registration as a User, and in consideration of your compliance with the Terms, Trooyoos will provide you with the Requester Services as described in this section.
REQUESTER SERVICES
The Requester Services will comprise of the following:
the facility to create a Profile page (including a photo);
the ability to search for Items offered by Posters who have registered with the App;
the ability to communicate with other Posters using the App;
the facility to review and/or submit feedback on Posters; and
access to any other features and functionality for the Requester Services provided by Trooyoos to Requesters from time to time.
You acknowledge and agree that all transactions are subject to acceptance by the Posters. The contract for fulfilment of a transaction is created between you and the Poster, which will only be formed once you have received such acceptance. Trooyoos is not a party to such contract nor is it responsible for either party’s performance under such a contract and Trooyoos makes no guarantee that the obligations of either party under the contract will be fulfilled.
ADDITIONAL OBLIGATIONS AS A REQUESTER
You must at all times use the Requester Services and the App in accordance with these Terms. In particular, all content and material uploaded to or forming part of your Profile must comply with the rules relating to User Submissions set out in Section A of these Terms.
As a Requester, you are responsible for:
ascertaining the identity of any Poster in the Chat system;
any review of Poster to be fair, honest and reasonable;
In using the Requester Services, you must:
not provide information (including in your Profile) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts; and
immediately notify Trooyoos in the event you have any reason to believe or suspect that a Poster has breached any of the terms set out in Section A, Section B, or Section C of these Terms.
ADDITIONAL EXCLUSION OF WARRANTIES
When you use the Requester Services, Trooyoos does not warrant or guarantee:
that you will find Items suitable to your specific choices, necessary needs or other requirements;
that the Posters’ Profiles are genuine;
that any information or documentation made available on a Poster’s Profile is authentic, valid, accurate or otherwise complete; or
the identity of the Poster using the App.
Trooyoos is not responsible in any way for the quality or supply of any Items listed by Posters. Such items are to be provided by the Posters on terms and conditions as may be agreed between you and the Poster.
In the event of a dispute between you and any Poster, or if the Items provided by an Poster are not provided to a satisfactory standard or at all, you agree that Trooyoos is not liable, including but not limited, to any loss, damages, costs or expenses or personal injury suffered or incurred by you in the course of receiving such Items from a Poster and/or using them, and you release and hold harmless Trooyoos from anything you may suffer or any liability in relation to such dispute.
SECTION C: POSTERS
INTRODUCTION
Upon registration as a User, in consideration of your compliance with these Terms, Trooyoos will provide you with the Poster Services as described in this section.
POSTER SERVICES
Subject to Section A above, the Poster Services will comprise the following:
the facility to create a Profile page (including a photo);
the ability to list Items available for Offer;
the ability to specify when you are able to share Items to Requesters and at what location;
the ability to post reviews and/or submit feedback about Requesters; and
any other features and functionalities of the Poster Services provided by Trooyoos to you from time to time.
ADDITIONAL OBLIGATIONS AS A POSTER
By choosing to be a Poster and to list and share your Items to Requesters through the App, in addition to the general obligations set out in section A of these Terms, you agree that all information submitted by you, the supply of the Items, and any other information provided or comments made to Requesters through the App, must:
be accurate, correct and up-to-date;
not commit an offence by Posting for Offer any controlled substance, items that are potentially breaking any laws, are unsafe, or are generally inappropriate, or in violation of our policies. (including but not limited to alcohol, solvents, prescription medicines, weapons, fireworks, ammunition, explosives, hazardous chemical, biological and radioactive materials, pornographic goods or services, tobacco, narcotics, drug paraphernalia, pirated or copied media, including CD's, DVD's & games, pets, birds, fish, reptiles, any animal, services/free consultations, businesses, goods capable of infringing any rights including intellectual property rights, birth certificates, drivers licenses, passports, official uniforms, goods that may be religiously, sexually, racially or in any other way offensive, used underwear (panties and bra) and anything that asks for money).
not be misleading, deceptive or in any way contravene any and all applicable consumer, health and safety and e-commerce laws and regulations;
not be obscene, defamatory or be in the reasonable view of Trooyoos deemed to be offensive and/or inappropriate; and
In using the Poster Services you must:
at all times keep all information including, communication and correspondences between you and the Requesters secure and confidential;
ensure your use of the Poster Services is personal to you; and
immediately notify Trooyoos in the event you have any reason to believe or suspect that a Requester has breached any of the terms set out in Section A, Section B, or Section C of these Terms.
You further acknowledge and agree that Trooyoos may, at its sole discretion, immediately remove your Profile from the App where it reasonably considers that such Profile, any information you have uploaded or Items provided, no longer meet the standards that Trooyoos requires of its Posters on the App, at its absolute discretion.
Failure by Trooyoos to exercise its rights should not be taken as acceptance by Trooyoos of any failure on your part to comply with these Terms.
ADDITIONAL EXCLUSION OF WARRANTIES
You acknowledge and agree that Trooyoos only provides you with the facility to Offer Items to Requesters by providing you with the Poster Services. Trooyoos does not warrant, represent or guarantee that you will find any Requesters to share Items with or achieve any specific results whatsoever.
You acknowledge and agree that using the Platform through the App may require registration. You further agree that Trooyoos does not vet or verify the identity of the Requesters on the App. Consequently, Trooyoos does not warrant or guarantee:
the completeness, correctness and accuracy of any Requester’s Profile;
that any transactions made by Requesters are genuine; or
the identity of the Requesters using the App.
You further acknowledge that Trooyoos has no control of and therefore has no liability whatsoever in respect of the behaviour, responses and quality of the Requesters on the App.
Trooyoos provides the Poster Services solely to connect Posters with Requesters who may be seeking to Request Items from you. You acknowledge and agree that you are solely responsible for all communication and any subsequent dealings with Requesters.
SECTION D:
SUBSCRIPTION FEES
Downloading the App, signing up, and posting Offers on the Platform is free of charge. As a User, the process of your first successful claim of an Item from a Poster is free but your next request of an Item will require you to Subscribe to a yearly or a one-time (Lifetime) purchase.
There are two types of subscription:
a yearly subscription (“Yearly Subscription”) where you will pay a yearly subscription fee (“Yearly Subscription Fee”); and
a one-time subscription (“Lifetime Subscription”) where you will pay a one-time subscription fee (“Lifetime Subscription Fee”),
The Yearly Subscription Fee and the Lifetime Subscription Fee are known collectively as the “Subscription Fees” and “Subscription” means either the Yearly Subscription or the Lifetime Subscription, as applicable to you.
Subscriptions are offered as in-app purchases through the relevant Payment Gateway and you must confirm your Subscription with Trooyoos, which then authorizes the Payment Gateway to charge you the applicable Subscription Fees.
Details of the Yearly Subscription Fee and Lifetime Subscription Fee are shown in the App and by the applicable Payment Gateway.
You will be charged the Subscription Fees displayed for your chosen Subscription.
The Payment Gateway does not collects regular, automatic payments of the Subscription Fees. At a Requester’s time of payment, Requester will be prompted to subscribe by choosing a preferred Payment Method provided by the Payment Gateway to a chosen payment plan i.e. yearly or lifetime in advance. Such payments will be processed according to the terms and conditions and privacy policy of the applicable Payment Gateway.
Trooyoos does not have access to your payment details.
If you have any objections to a payment, please contact the Payment Gateway or notify Trooyoos Support.
RELATIONSHIP BETWEEN TROOYOOS, USERS AND THE PAYMENT GATEWAY
If you subscribe to Trooyoos via the relevant Payment Gateway, you acknowledge and agree that:
the Trooyoos Terms are an agreement between you and Trooyoos, and not with the Payment Gateway;
the Payment Gateway has no obligation to provide any maintenance and support services with respect to Trooyoos;
with the exception of facilitating payments, the Payment Gateway is not responsible for addressing any claims you have relating to Trooyoos; and
you must also comply with all applicable Payment Gateway terms of service when using Trooyoos.
TERM AND TERMINATION
The Subscription will become effective and enforceable when you complete payment for either the Yearly Subscription or the Lifetime Subscription and the Contract will remain effective until terminated at the end period of the Subscription.
If we decide to terminate your use of Trooyoos, or ban you from using Trooyoos in accordance with these Terms, your Subscription shall cease.
Please note that deletion of your Account or the App is not considered to be a valid termination.
NO RIGHT TO REFUNDS
When you subscribe to Trooyoos, you confirm that:
- you consent for your access to Trooyoos to start immediately; and
- you acknowledge that you are not entitled to a refund.