Legal
Terms of Use
These Terms are drafted in English. A translation is for convenience only. If a translation differs, the English version controls.
1Introduction and Acceptance
1.1Who We Are
Yarko brand and operated by GiM Services, a company registered in Ghana ("Yarko," "we," "us," or "our"). These Terms of Use (the "Terms") form a binding agreement between you ("you," and as applicable "Buyer" or "Seller") and GiM Services governing your access to and use of the Yarko website, platform, and related services (together, the "Service").
Yarko is our trading name for the wider virtual trade-services business GiM Services operates; References to "Yarko" in these Terms mean the Service, and references to "we," "us," or "our" mean GiM Services, regardless of which brand name appears on a given page, invoice, or communication.
1.2Your Acceptance
You accept these Terms by checking the acceptance box presented at account registration or at submission of a Seller application, and in any event by creating an account, submitting a sourcing request, applying as a Seller, or otherwise using the Service. If you do not agree to these Terms, do not use Yarko.
We record the version of these Terms you accepted and the date and time of acceptance. That record is our evidence of the agreement between us, and you agree it is admissible in any proceeding.
1.3Documents Incorporated
Our Privacy Notice is incorporated into these Terms by reference. Where these Terms and the Privacy Notice conflict on a matter of personal-data handling, the Privacy Notice controls. Where we provide plan-specific, order-specific, or programme-specific terms (for example, terms attached to a pilot programme or a negotiated enterprise arrangement), those terms control over these Terms for that engagement only, to the extent of the conflict.
Explanatory content published elsewhere on this website, including the Trust page and any FAQ, is provided for clarity and does not vary these Terms.
1.4Language
These Terms are drafted and executed in English. We may provide translations for convenience. If there is any inconsistency between the English version and a translation, the English version controls.
2Definitions
Buyer — a person or business that registers to submit sourcing requests and receive shortlists and introductions.
Seller — a factory or manufacturer that applies for, and is accepted into, the Yarko pool. Referred to in plain-language site copy as a "factory."
Sourcing Request — a Buyer submission describing a product, specification, quantity, destination, and any related notes.
Shortlist — the set of candidate Sellers we compile in response to a Sourcing Request.
Introduction — the consented connection between a Buyer and a Seller, following which contact details are released.
Vetted — the badge described in Section 8, granted only through internal administrative approval.
Seller Content — anything a Seller submits to us, including application data, company facts, declared proofs, logos, images, and Video Content.
Video Content — raw footage, stills, audio, logos, and structured data a Seller submits for the video showcase, and the edited video we produce from it.
User Content — Seller Content together with anything a Buyer submits, including Sourcing Requests.
Intro request — a one-time fee for a single Sourcing Request, charged at checkout on the terms in Section 6. It is not a subscription and does not renew.
3Eligibility and Authority
You must be at least 18 years old and have the legal authority to enter into these Terms on your own behalf or on behalf of the business entity you represent. If you use Yarko on behalf of a company, you represent that you are authorised to bind that company, and "you" means both you and that company.
Yarko is intended for business-to-business sourcing activity. You represent that your use of the Service is for legitimate commercial sourcing purposes and not for personal, household, or consumer purposes.
You may not use the Service if you are a person or entity subject to sanctions administered by the United Nations, the United States, the European Union, the United Kingdom, or Singapore, if you are located in a comprehensively sanctioned territory, or if you are otherwise barred from receiving the Service under applicable law.
4What Yarko Is and What It Is Not
Yarko is a matching and introduction service. We help Buyers identify factories in China and facilitate a warm introduction once both sides agree. What a Buyer pays for is curated matching effort and a facilitated, consented introduction.
Yarko is not a marketplace of record, escrow provider, bank, money transmitter, payment facilitator, customs broker, freight forwarder, inspection agency, trade-credit insurer, or investment adviser. We do not hold trade funds and do not take custody of any payment made by a Buyer to a Seller. All payment for goods occurs directly between the Buyer and the Seller, outside of Yarko.
We are not a party to, agent of, or guarantor of any transaction between a Buyer and a Seller. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and us.
5Accounts and Account Security
5.1Accurate Information
You must provide accurate, current, and complete information when creating an account or submitting an application, and must keep that information up to date. We may refuse, suspend, or close an account that contains information we reasonably believe to be false, misleading, or impersonating another business.
5.2Credentials
You are responsible for keeping your login credentials confidential and for all activity occurring under your account. Notify us promptly if you believe your account has been accessed without authorisation.
5.3Authorised Users
An account is for the use of one Buyer business and the individuals it authorises. You may permit your own employees or contractors to use your account, and you remain responsible for their compliance with these Terms. You may not share access with, resell access to, or operate the account for the benefit of an unaffiliated business.
5.4Refusal and Closure
We may refuse to open, or may suspend or terminate, any account for spam, fraud, abuse, scraping, reselling contact data obtained through the Service, circumventing the platform to avoid fees, sanctions or legal exposure, or any conduct that harms Buyers, Sellers, or the Service.
6Buyer Fees and Billing
6.1What Buyers Pay For
Submitting a Sourcing Request is not a charge. Buyers pay a one-time fee when they request an Introduction to one shortlisted Seller. The current fee is USD $49.99 per Introduction, charged at checkout. A Shortlist may include up to three (3) Sellers; each Introduction is a separate checkout. Contact details for a shortlisted Seller are released only after both the Buyer and the Seller consent to an Introduction, as described in Section 9.
We do not guarantee that any Sourcing Request will produce a Shortlist of any particular size, that any shortlisted Seller will consent to an Introduction, that any Introduction will result in a quotation or an order, or that any commercial terms will be available to you. Where a category, specification, quantity, or destination makes a useful match unlikely, we will tell you rather than pad a Shortlist.
The fee is not a subscription, does not renew, and is not a monthly bundle of requests.
6.2Payment
Each Introduction is billed once, in advance, at checkout. You authorise us, through our payment processor, to charge your payment method for that Introduction at the price shown at checkout, together with any applicable taxes. There is no recurring charge and no billing cycle. We do not keep a card on file for automatic future charges.
6.3Taxes
Prices are stated exclusive of taxes. You are responsible for any sales tax, value-added tax, goods and services tax, withholding tax, or similar charge imposed on the fees by any authority, other than taxes on our income. Where we are required to collect such a tax, it will be added at checkout.
6.4Failed Payments
If checkout does not complete, that Introduction is not requested and ops will not release contact for it. You may start checkout again. We do not retry a failed one-time payment automatically.
6.5Price Changes
We may change the per-request fee. The price shown at checkout is the price for that request. A later change does not affect a request you have already paid for.
6.6Stopping
There is no subscription to cancel. You may stop using the Service at any time. A completed payment applies only to the Introduction you checked out. It is not stored as credit toward a later Sourcing Request.
6.7Refunds
The fee for an Introduction is non-refundable once checkout succeeds, except where required by applicable law. If we fail to process a paid Introduction because of our own error or a failure of the Service, we will, at our discretion, refund that fee. This is a goodwill remedy and not an entitlement beyond what applicable law requires.
6.8Promotions
We may offer discounts or promotional pricing on stated terms. A promotion applies only to the checkout it is attached to. It does not start a subscription or a trial that converts into a recurring charge.
7Seller Participation
7.1Application and Acceptance
Sellers may apply to be included in the Yarko pool. Acceptance is at our discretion. At launch there is no platform fee for Sellers, and accepted Sellers remain in the pool at no cost. We may introduce or change Seller fees in the future on at least sixty (60) days’ notice; a Seller that does not accept a new fee may withdraw from the pool before it takes effect.
7.2Seller Representations
By applying and by remaining in the pool, a Seller represents and warrants on a continuing basis that:
the information in its application, listing, and Seller Content is accurate and not misleading;
it is a lawfully registered business in good standing, and it has the legal right to manufacture and export the goods or categories of goods it lists;
it holds the licences, permits, and certifications it claims, and any certification it declares is current and genuine;
it is not subject to sanctions, and is not owned or controlled by a sanctioned person or entity; and
its manufacturing operations comply with applicable law in its jurisdiction, including labour, environmental, and product-safety law.
7.3Duty to Update
A Seller must notify us promptly if any information it has given us stops being accurate — including a lapsed certification, a change of legal entity or ownership, a change in export authorisation, or a material change in the categories it can supply. Continued listing on the basis of information a Seller knows to be out of date is a breach of these Terms.
7.4Removal from the Pool
We may remove a Seller from the pool, pause its listing, unpublish its Video Content, or withdraw its Vetted badge at any time, including where information proves inaccurate, where reports under Section 15 raise concerns, or where continued listing would create legal or reputational risk. Where practicable we will tell the Seller why, and, where the issue is capable of being fixed, give it an opportunity to respond first.
8How We Review Sellers; the "Vetted" Badge
A "Vetted" badge indicates that a Yarko reviewer checked a factory’s application, export basics, and apparent red flags at a point in time. It is not a government licence, credit rating, quality certification, audit, factory inspection, social-compliance assessment, or guarantee of any kind.
Supplier listings, Vetted badges, and any internal checks reflect opinions formed during our review process on the information available to us at that time, much of which is supplied by the Seller itself. They are not warranties of quality, capacity, delivery, legality, financial standing, or fitness for any particular order. Vetted status is not re-verified continuously and may be withdrawn at any time.
Only a badge granted through internal administrative approval may be described as "Vetted." No public-facing material, video, or communication may overstate the scope of our review.
A Buyer remains responsible for its own due diligence before placing an order, including verifying business registration, certifications, capacity, and payment details directly with the Seller.
9Introductions and Release of Contact Details
Introductions occur only after mutual consent. Contact details for a Seller are held by Yarko and are not released to a Buyer until: (a) the Buyer requests an Introduction; (b) the Seller has agreed that we may share its contact details with that Buyer; and (c) our operations team confirms both conditions and completes the connection.
By releasing an Introduction, we confirm that both parties were asked and that the Seller’s contact-sharing consent was on file at that time. We do not independently verify the ongoing accuracy of that consent after release, and we do not monitor, supervise, or take responsibility for what the parties do or agree after the Introduction is made.
Contact details released through an Introduction are provided to you for the purpose of pursuing that specific sourcing relationship. You may not add them to a marketing list, sell or transfer them, or use them for an unrelated purpose, and you must handle them in accordance with applicable data-protection law.
10Non-Circumvention
The consent-gated Introduction process is the core of the Service. You agree not to use the Service to identify a Seller and then deliberately bypass the Introduction process. For example, by using details shown in a listing, video, or Shortlist to locate and approach a Seller outside Yarko in order to avoid fees, or by asking a Seller to continue the relationship off-platform for that purpose.
This section does not restrict a Buyer’s dealings with a Seller it already had a relationship with before using Yarko, and does not restrict either party once an Introduction has been made — after an Introduction, the parties deal with each other directly and freely, as Section 12 contemplates.
11Seller Video Content and Media Licence
This Section applies to Sellers that submit Video Content for the Yarko video showcase. It is in addition to, and does not replace, the rest of these Terms.
11.1Eligibility and Separate Consent
Only Sellers holding a current Vetted badge are eligible for a published video, and eligibility does not create an entitlement: all Video Content is subject to a separate content review before publication, and we may decline to publish, or later unpublish, any video at our discretion.
Submitting Video Content requires a separate, specific consent to public publication, captured at the point of submission and distinct from any consent to contact-sharing under Section 9. Consent to an Introduction is not consent to publication, and consent to publication is not consent to an Introduction.
11.2Seller Representations for Video Content
By submitting Video Content, the Seller represents and warrants that:
it owns the footage or has all rights necessary to grant the licence in Section 11.3;
it has obtained written permission from every identifiable individual appearing or audible in the footage — including employees and workers — for that person’s image and voice to be published publicly and indefinitely worldwide, including on a public YouTube channel;
the footage contains no third-party music, branding, artwork, product, or other material that the Seller is not licensed to use in a publicly published commercial video;
filming did not breach any confidentiality obligation the Seller owes a customer, and no customer’s confidential product, packaging, or branding appears without that customer’s permission; and
the factual claims made in the footage and in the structured data it submits — including capacity, minimum order quantity, lead time, and certifications — are accurate.
11.3License Granted to Yarko
The Seller retains ownership of its Video Content. The Seller grants GiM Services a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, reproduce, edit, excerpt, subtitle, translate, add branding to, publicly perform, publicly display, and distribute the Video Content and derivative videos produced from it, for the purposes of operating, promoting, and marketing, including on third-party platforms.
This licence lasts for as long as the video remains published and for a reasonable period afterwards to allow for removal from caches, indexes, and copies distributed by third parties.
11.4Editorial Control and Standardisation
We produce the published video from the Seller’s submission, applying a standard format, branded intro and outro, a persistent watermark, a lower-third overlay, and an on-screen data card. Editorial decisions about the published video, including what is excluded under Section 11.6, are ours.
11.5Public Publication and Its Consequences
Published videos are hosted publicly on a Yarko media channels and embedded on this website. The Seller acknowledges that:
a public video can be found, viewed, downloaded, copied, and re-shared by anyone, anywhere, including by parties outside our control;
we cannot guarantee complete removal from the internet once published, because third parties may have made copies; and
we may earn advertising or platform revenue from the channel on which the video is published, and the Seller is not entitled to a share of it. This revenue will be used to better improve yarko’s services
11.6Exclusions from Published Video
Published videos do not display a Seller’s own website address, telephone number, email address, or direct messaging handles, whether spoken, on screen, in the thumbnail, or in the video description, in order to preserve the consent-gated Introduction process in Section 9. A Seller may not circumvent this by embedding such details in its logo, signage, or supplied artwork.
11.7Withdrawal and Takedown
A Seller may withdraw its consent to publication at any time by contacting us. On withdrawal we will unpublish the video from this website and remove it from our YouTube channel within a reasonable period, ordinarily not more than ten (10) business days, subject to the limits in Section 11.5. We may also unpublish a video at any time, including where a Seller leaves the pool, loses its Vetted badge, or where a representation in Section 11.2 proves to be untrue.
11.8Subtitles, Translation, and On-Screen Data
Videos are produced with English subtitles translated from the Seller’s spoken remarks. Translation is provided for convenience and may not be exact. On-screen data — capacity, minimum order quantity, lead time, and certifications — is drawn from the structured fields the Seller submits, not from translated audio. Buyers should treat all figures shown in a video as indicative and confirm them directly with the Seller before relying on them.
12Responsibilities of Buyers and Sellers; Trade Compliance
12.1The Transaction Is Between You
All negotiation, contracting, sampling, pricing, payment, quality control, inspection, packaging, labelling, shipping, insurance, customs clearance, warranty, and dispute resolution relating to any order is solely between the Buyer and the Seller. Yarko is not a party to that transaction and has no obligation to intervene in, mediate, or resolve it.
12.2Trade Compliance and Sanctions
Each Buyer and Seller represents that its use of Yarko, and any resulting transaction, will comply with all applicable laws, including export controls, import regulations, customs law, product-safety and labelling requirements, and trade sanctions in its own jurisdiction and in any jurisdiction relevant to the transaction. You are solely responsible for determining whether a proposed transaction is lawful.
We may screen users against sanctions and watchlists, may ask for additional information where a transaction raises compliance concerns, and may refuse, delay, or terminate access where we consider there is a risk of a breach of sanctions or export-control law. We are not obliged to explain a decision taken on this basis were doing so would itself create legal risk.
12.3Anti-Bribery, Anti-Corruption, and Anti-Money-Laundering
You represent that you will not, in connection with the Service, offer, give, request, or accept any bribe, kickback, or improper payment, and that you will comply with applicable anti-bribery and anti-money-laundering law. You may not use the Service to launder proceeds of crime or to disguise the origin, ownership, or destination of funds or goods.
12.4Goods, Safety, and Third-Party Rights
A Buyer is responsible for ensuring that goods it sources are lawful to import and sell in its market, meet applicable safety and labelling standards, and do not infringe third-party intellectual property. A Seller is responsible for ensuring it may lawfully manufacture and export what it offers. We do not review products for regulatory compliance, safety, or infringement.
13Confidentiality of Sourcing Requests
Sourcing Request content — including specifications, drawings, quantities, destinations, and commercial notes — is treated as confidential. We use it to compile Shortlists and operate the Service, and we share it with a Seller only to the extent needed to assess fit and prepare a response, on the understanding that the Seller will keep it confidential and use it only for that purpose.
A Seller that receives Sourcing Request information agrees to keep it confidential, to use it solely to evaluate and respond to that opportunity, and not to disclose it to any third party or use it to compete with the Buyer. This obligation survives the Seller’s departure from the pool.
We do not promise that a Seller will honour its confidentiality obligations. A Buyer that needs enforceable protection for sensitive designs or specifications should put its own non-disclosure agreement in place with a Seller after an Introduction, before sharing detailed technical material.
14Prohibited Uses
In addition to conduct described elsewhere in these Terms, you agree not to:
scrape, crawl, harvest, or bulk-extract data from Yarko, or use automated means to access the Service other than as we expressly permit;
resell, sublicense, or redistribute Seller or Buyer contact information obtained through the Service;
circumvent Yarko to solicit an Introduction that has not been consented to by both sides, as described in Section 10;
misrepresent your identity, authority, or the nature of your business, or impersonate another person or company;
submit false, fraudulent, or deliberately misleading information in an application, listing, Sourcing Request, or video;
use the Service for any unlawful purpose, including sanctions evasion, money laundering, or trafficking in prohibited, counterfeit, or infringing goods;
upload material that infringes a third party’s rights, or that contains malware or other harmful code;
probe, scan, or test the vulnerability of the Service, or breach or circumvent any security or authentication measure, other than under a written authorisation from us;
use the Service or its content to build a competing dataset, directory, or matching product; or
interfere with or disrupt the operation of the Service.
15Reports, Investigations, and Enforcement
If you believe a Seller has misrepresented itself, that a Buyer has misused the Service, or that an Introduction has gone wrong in a way we should know about, you may report it through your buyer account or seller application. Tell us what happened and include any supporting information you have.
We may review the report, request further information from either party, and take action under these Terms, including pausing a Seller’s listing, unpublishing Video Content, withdrawing a Vetted badge, closing a Buyer’s account, or declining future applications. We decide what action to take, and we are not obliged to act on every report or to tell you what action we took about another user.
Reports inform whether a Seller remains in the pool and whether it keeps its Vetted badge. Reporting is not a dispute-resolution service: we cannot recover your money, enforce your contract, or resolve a commercial dispute over price, quality, or delivery on your behalf.
16Intellectual Property
16.1Our Rights
GiM Services and its licensors own all right, title, and interest in the Yarko platform, including its software, design, look and feel, trademarks, branded video template, and the compiled Shortlist methodology, excluding User Content.
16.2Your License to Use the Service
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use Yarko for your own sourcing purposes. You may not copy, modify, reverse-engineer, decompile, or create derivative works of the platform, or remove any proprietary notice or watermark.
16.3Your Content
You retain ownership of User Content you submit. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and use that content as necessary to operate and improve the Service — for example, to prepare and share a Shortlist. Video Content is additionally governed by Section 11.
16.4Feedback
If you send us suggestions or feedback about the Service, we may use them without restriction or obligation to you.
16.5Intellectual-Property Complaints
If you believe material on Yarko infringes your intellectual property, contact us through the channels in Section 26 with: a description of the right you hold, the material and where it appears, your contact details, and a statement that you believe in good faith the use is not authorised. We will review the complaint and may remove or disable access to the material, and may pass the complaint to the user who submitted it. We may decline or reinstate material where we receive a substantiated counter-statement.
17Third-Party Services
The Service relies on third-party providers, including payment processors (Paystack and PayPal), hosting infrastructure, and video hosting (YouTube). Your use of those services may also be subject to their own terms. We are not responsible for the availability, acts, or omissions of third-party providers, and their performance is outside our reasonable control.
Where the Service links to or embeds third-party content, we do not endorse it and are not responsible for it.
18Disclaimer of Warranties
YARKO IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY DEFECT WILL BE CORRECTED, THAT ANY SHORTLIST WILL MEET YOUR REQUIREMENTS, OR THAT ANY SELLER LISTED ON THE PLATFORM IS SOLVENT, COMPETENT, HONEST, OR WILL PERFORM AS EXPECTED.
WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF INFORMATION SUPPLIED BY SELLERS OR BUYERS, INCLUDING INFORMATION SHOWN IN A LISTING, SHORTLIST, OR VIDEO.
19Limitation of Liability
Yarko is a practical matching desk. Factories, orders, quality, shipment, and payment terms are matters between the Buyer and the Seller.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GIM SERVICES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA, OR FOR ANY FAILED ORDER, QUALITY DISPUTE, DELAYED OR LOST SHIPMENT, PAYMENT MADE TO A SELLER, OR LOSS ARISING FROM RELIANCE ON A SHORTLIST, A LISTING, A VIDEO, OR A VETTED BADGE, WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSS.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $200.
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.
20Indemnification
You agree to defend, indemnify, and hold harmless GiM Services and its officers, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of: (a) your breach of these Terms or of any representation in them; (b) any transaction or dealing between you and another user of the Service; (c) your violation of any law or of the rights of a third party; or (d) for Sellers, any claim that Video Content, or our publication of it in accordance with Section 11, infringes a third party’s rights or breaches the privacy or image rights of any individual.
We will notify you of any claim we seek to be indemnified against, and you may not settle a claim in a way that imposes an obligation or admission on us without our written consent.
21Term, Suspension, and Termination
These Terms remain in effect for as long as you maintain an account or otherwise use Yarko.
We may pause a Seller’s listing, unpublish Video Content, or close a Buyer’s account if an account is misused, in addition to any other remedy available to us. We may also suspend or discontinue any part of the Service, or these Terms generally, with reasonable notice where practicable, except where immediate action is necessary to prevent harm, fraud, or legal exposure.
You may stop using the Service at any time; see Section 6.6. Unused intro-request fees are handled under Section 6.7.
21.1Effect of Termination
On termination your right to access the Service ends. Fees already paid are handled under Section 6.7. We handle retention and deletion of your information as described in the Privacy Notice. Introductions already made are unaffected, you and the other party continue to deal with each other directly and at your own risk.
21.2Survival
Sections 10 (Non-Circumvention), 11.2, 11.3 and 11.5 (to the extent a video remains published or copied), 13 (Confidentiality), 16 (Intellectual Property), 18 (Disclaimer), 19 (Limitation of Liability), 20 (Indemnification), 22 (Governing Law and Dispute Resolution), and 25 (Miscellaneous) survive termination, together with any other provision that by its nature should survive.
22Governing Law and Dispute Resolution
22.1Informal Resolution First
Before starting arbitration, the parties will try in good faith to resolve the dispute informally for thirty (30) days after written notice describing the dispute and the relief sought. This does not prevent either party from seeking urgent interim relief.
22.2Governing Law
These Terms, and any dispute or claim arising out of or relating to them or to the use of Yarko, are governed by the laws of the Republic of Ghana, informed where relevant by generally recognised principles of international trade law and commercial practice, including the UNIDROIT Principles of International Commercial Contracts and, to the extent applicable to an underlying sale of goods between a Buyer and a Seller, the United Nations Convention on Contracts for the International Sale of Goods (CISG).
22.3Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms, including their formation, interpretation, breach, or termination, will be referred to and finally resolved by arbitration seated in Accra, Ghana, administered by the Ghana Arbitration Centre, in accordance with that centre’s rules in force when the arbitration is commenced, which rules are deemed incorporated by reference.
22.4Class Action Waiver
Disputes will be resolved on an individual basis only. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding.
22.5Time Limit
Any claim arising out of or relating to these Terms or the Service must be brought within one (1) year after the claim arose, or it is permanently barred, except where applicable law does not permit such a limitation.
23Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will give reasonable notice — for example by posting an updated version on this page with a new version number and effective date, or by direct notice to account holders — and, where the change materially reduces your rights, we will aim to give at least thirty (30) days’ notice before it takes effect. Continued use of Yarko after changes take effect constitutes acceptance of the revised Terms.
We keep prior versions of these Terms and will provide a copy of the version you accepted on request.
24Notices and Electronic Communications
You agree to receive communications from us electronically, including by email to the address on your account and by notice posted in the Service, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.
Notices to us should be sent through the contact routes in Section 26 and are effective on receipt. It is your responsibility to keep a current email address on your account; a notice sent to that address is treated as received.
25Miscellaneous
25.1Entire Agreement
These Terms, together with our Privacy Notice and any plan-specific or order-specific terms we provide, constitute the entire agreement between you and GiM Services regarding Yarko, and supersede any prior agreements or representations on the subject.
25.2Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of assets.
25.3Severability
If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will remain in full force and effect.
25.4Force Majeure
Neither party is liable for a failure to perform caused by circumstances beyond its reasonable control, including natural disasters, epidemics, acts of government, war, labour disruption, failure of a third-party provider, or disruption to shipping, customs, internet, or banking systems.
25.5No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
25.6Relationship of the Parties
You and GiM Services are independent contracting parties. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship.
25.7No Third-Party Beneficiaries
These Terms do not confer rights on any person who is not a party to them, and a person who is not a party may not enforce any of their provisions.
25.8Publicity
We may identify that a Seller is in the Yarko pool as part of operating the Service. We will not use a Buyer’s name or logo in marketing material without its consent.
25.9Headings
Headings are for convenience only and do not affect interpretation.
26Contact
For questions about these Terms, formal notices under Section 24, intellectual-property complaints under Section 16.5, or to begin the informal resolution step under Section 22.1, email trade@yarko.trade. You may also reach us through your buyer account or a seller application on this website.