Mpaboafie Messaging Terms & Conditions

Introduction

Please read these Messaging Terms Conditions thoroughly, including the binding arbitration clause (see Section 6) that mandates individual dispute resolution and the class action and jury trial waiver (see Section 7). Arbitration involves no judge or jury, limited discovery, and restricted appellate review, impacting your legal rights. Your engagement with mpaboafie’s messaging services is governed by these terms. For details on your data rights and our data handling practices, refer to our Privacy Statement.

General

You consent to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS), such as cart reminders, from mpaboafie, a Ghana-based entity. These messages may be sent using an automatic telephone dialing system to the mobile number you provided during sign-up or any number you later specify. We may use cookies or similar technologies to connect your abandoned cart to your phone number or email for personalized reminders. Consent to these messages is not required for any purchase. Message and data rates may apply. Frequency varies, and mpaboafie reserves the right to adjust message frequency or change the short code/phone number with prior notification. Not all devices or areas may support delivery, and mpaboafie, its service providers, and supported carriers are not liable for delays or undelivered messages. You also agree to our Terms of Use and Privacy Statement. Supported carriers include major Ghanaian networks like MTN Ghana, Vodafone Ghana, AirtelTigo, and Glo Mobile, with minor carriers subject to availability.

Cancellation

Text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our shortcode to cancel. You will receive one confirmation message after opting out. Our platform may not recognize other unsubscribe requests, and mpaboafie and its service providers are not liable for failing to honor such requests. Unsubscribing from one program does not affect other active subscriptions unless separately canceled.

Customer Care

For order issues or help, email support@mpaboafie.com or visit help.mpaboafie.com. For other queries, contact legal@mpaboafie.com with details, or text HELP to our shortcode. You can also call Mpaboafie Customer Care at +233 123 456 789.

Contact

This messaging program is operated by mpaboafie, located at: Mpaboafie Ltd. P.O. Box 123 Accra, Ghana Attention: Legal Counsel

Time for Filing

You and mpaboafie agree that any dispute related to these Messaging Terms must be initiated within one (1) year from when the claiming party knew or should have known of the issue, or it is waived. This applies to the fullest extent permitted by Ghanaian law.

Binding Arbitration and Dispute Resolution

Please review this Arbitration Agreement carefully, as it requires most disputes to be resolved individually via arbitration, with a limited opt-out option. Disputes, including those related to messaging, services, or content, shall be resolved by: (a) final bilateral arbitration, except as noted; or (b) small claims court individually. Governed by the Arbitration Act 2010 (Act 798) of Ghana, this agreement survives service termination.

• Disputes: Covers all claims between you and mpaboafie, including those related to messaging, services, or prior terms, except where small claims or injunctive relief is sought in court.
• Mandatory Informal Dispute Resolution: Before arbitration, a written Notice of Dispute, signed by you (and your counsel if represented), must be sent to mpaboafie at the above address. It should detail the issue and relief sought. A 60-day negotiation period follows, with a required settlement conference if requested. Compliance is a prerequisite for arbitration, with tolling of limitations during this process.
• Arbitration Procedures: If unresolved, disputes proceed to bilateral arbitration with a single arbitrator, administered by the Ghana Arbitration Centre (GAC) per its rules, modified by these terms. The initiator must serve a signed demand, certifying compliance. The arbitrator may award individual relief, following these terms, with no class actions permitted. Costs are borne by each party, with GAC rules governing fees. A written decision is required, enforceable by a competent court.
• Additional Multiple Case Filing Procedures: For over 25 coordinated claims, a staged process applies: 50 claims proceed initially, followed by 100 if unresolved, with mediation between stages. Remaining claims are held until selected, with tolling of deadlines.
• Right to Reject Arbitration: Opt out within 30 days of agreeing to these terms by sending a signed notice with your details to the above address. This does not affect other terms or future agreements.
• Opt Out of Changes: Reject changes to this section within 30 days of notice by sending a signed notice to the above address, specifying your intent.

Class Action Waiver and Jury Trial Waiver

To the fullest extent allowed by law, claims must be individual, not class-based, unless as a guardian. Participation in third-party proceedings is prohibited, except for settlements. Both parties waive jury trials, surviving service termination.

Choice of Law, Venue, and Severability

These terms are governed by Ghanaian law, excluding international sales conventions. Disputes not arbitrated fall under Accra High Court's exclusive jurisdiction, with consent to venue. Unenforceable provisions are severable, and non-enforcement does not waive rights.

Survival

Rights and obligations under Sections 1, 2, 5, and those extending beyond termination survive service end.