Terms of Service

Updated on January 4, 2021.

Okanjo Terms

Welcome to Okanjo.com. This website is operated by Okanjo Partners, Inc. and/or its affiliates (referred to as “Okanjo” or “we” or “us”). Okanjo is a social selling service that connects buyers and sellers.

Governing Agreement

These Terms of Use (“Terms” or “Agreement”) and any other policies, referenced in or incorporated into these Terms, contain the terms upon which we are willing to provide access to and use of this website and all related pages, information, databases, tools, materials and services (collectively referred to as the “Site”). “You” refers to the reader of these Terms. The Terms of Use form an agreement between you and Okanjo. Prior to joining Okanjo, you must read and accept the Terms of Use. Use of the Site constitutes your acceptance of the Terms. If you do not agree to be bound by these Terms, you may not access or use the Site. Please scroll down through the Terms (accessing and reading the linked information) to review important provisions regarding intellectual property, Disclaimers and Limitations of Liability, Indemnification, waivers and other legal restrictions. By use of the Site, you agree that the Terms will apply whenever you use Okanjo’s services or the Site.

If you have questions regarding these Terms, please contact Okanjo’s registered office at:

Okanjo Partners, Inc. Attn: General Counsel
400 N Broadway Unit 704 Milwaukee, WI 53202
Phone: 414-810-1760
email: [email protected]

Effective Date and Update to Terms of Use

For new users, this Agreement is effective upon acceptance; for current users, on August 5th, 2013. Okanjo reserves the right, at our discretion, to change, modify, add or remove portions of these Terms of Use and its Privacy Policy at any time by posting the amended Terms on or within the Site. You may also be given additional notice, such as an email message or messaging within the Site, of any changes. You will be deemed to have accepted such changes by continuing to use the Site. Except as otherwise stated, all amended terms shall automatically be effective five days after they are initially posted. Okanjo may also revise other policies, codes or rules at any time, and the new versions will be on the Site. No amendment to the Terms of Use or Privacy Policy shall apply to any dispute of which Okanjo had actual notice before the date of the amendment.

To the extent the Terms of Use or Privacy Policy conflict with any other terms, policy, rules or codes of conduct, the terms contained in these Terms of Use and in the Privacy Policy shall govern.

License

By accessing the Site, you have a limited license to use the Site for your personal use, including the limited right to view, bookmark, download and print those pages of the Site that interest you, subject to any other terms and conditions of use in these Terms or on the Site. These Terms cannot be waived or modified by any oral communication between you and Okanjo. Your use of any materials, tools or software from the Site is terminable by Okanjo at any time.

Updating Terms

We reserve the right to change, delete, and update portions of these Terms or other policies that govern use of the Site at our discretion by posting the changes on Okanjo.com or other means of notification. You should review these Terms periodically for changes. Any amendments and/or modifications by Okanjo will be prospective only, and, except as otherwise stated, all amended terms shall automatically be effective five days after they are initially posted, unless otherwise provided in these Terms, will be effective upon posting to the Site. The Terms of Use may not otherwise be amended except in a writing hand signed by you and us. For purposes of this provision, a “writing” does not include an email message and a signature does not include an electronic signature. The Terms can be accessed from the link at the bottom of each page of the Site. If you use the Site after we post changes to the Term (or for current users as of the effective date per above) you agree to be bound by the updated Terms. If you do not want to be bound by any new terms, you should discontinue use of the Site. If you have an account or services relationship with Okanjo, that relationship may be governed by another agreement specific to that particular account or relationship, provided that nothing in those other agreements shall diminish the protections or rights provided to Okanjo under these Terms.

Use of the Site

During your use of the Site, you will not:

1. Use the Site if you are under the age of 18, unable to form legally binding contracts, or are suspended from using the Site;

2. Post or distribute on or via the Site (i) inaccurate, false, misleading, threatening, abusive, harassing, sexually explicit, vulgar, profane, obscene, defamatory, or libelous content, (ii) viruses, Trojan horses, or any other code, files, or programs that might intercept, limit, interfere with, or otherwise damage Okanjo users or their property or Okanjo or Its property, including the Site and any activities conducted on or via the Site; or (iii) spam, unsolicited or bulk electronic communications, chain letters, junk mail, surveys, pyramid schemes, or other inappropriate or unwanted materials

3. Modify, copy or distribute (i) rights or content from Site or (ii) Okanjo’s copyrights or trademarks;

4. Use any spider, robot, scraper or any other automated means or device to access the Site for any purpose or bypass the robot exclusion headers or other measures employed to prevent or restrict access to the Site;

5. Copy, distribute, reproduce, modify, create derivative or compilation works from, or publicly display any text, images, or other content from the Site (other than your information) without the prior express written permission of Okanjo or the third party owner of such content, as may be applicable;

6. Take any action that (i) results in the transfer of your Okanjo account to, or its use by, a third party without our consent, (ii) fraudulently affects the seller ratings system by artificially inflating or deflating a seller’s rating; (iii) uses ratings information outside of or transfers it from the Site; (iii) manipulates or circumvents fees payable to Okanjo;

7. Take any action that imposes, or may impose, in our sole judgment, an unreasonable or disproportionately large data load on the Site infrastructure;

8. Take any action that violates any laws, third party rights or the Terms;

9. Fail to deliver payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, clear typographical error has been made, or you cannot reach the seller;

10. Manipulate the price of any item or interfere with other users’ listings;

11. Circumvent or manipulate our fee structure, the billing process, or fees owed to us;

12. Harvest or otherwise collect information about users, including email addresses, without their consent;

13. Violate any laws, third party rights (including intellectual property rights) or our policies;

14. Post or distribute on or via the site counterfeit product.

15. Perform Search Engine Marketing (SEM) of any kind using products obtained via the Okanjo platform.

Your Content

Okanjo does not claim ownership rights on your Content. You grant Okanjo a license solely to enable Okanjo to use any information or Content you supply without violating any rights you might have in that Content. You grant Okanjo a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Okanjo to store or re-format your Content on Okanjo and display your Content on Okanjo in any way Okanjo chooses.

Okanjo reserves the right (but not the obligation) to remove content for any reason, but does not regularly review posted content. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content.

Okanjo takes no responsibility and assumes no liability for any content posted by you or any third party. You grant Okanjo the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify Okanjo for all claims resulting from content you supply.

It is the responsibility of the user to disclose Affilaite Links when necessary per FTC requirements. To learn more visit: www.ftc.gov

Payment Processing

Payment processing services for merchants on Okanjo are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Terms or continuing to operate as a merchant on Okanjo, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Okanjo enabling payment processing services through Stripe, you agree to provide Okanjo accurate and complete information about you and your business, and you authorize Okanjo to share it and transaction information related to your use of the payment processing services provided by Stripe. Payments may take up to 90 days and will carry an minimum of $25 before a payout may occur.

Payment Processing

Okanjo respects the intellectual property rights of others and works to ensure that listed items do not infringe upon the intellectual property rights of third parties. If you believe that your copyright, trademark or other intellectual property rights have been violated, please notify Okanjo either by contacting us at [email protected], submitting a claim (link to “Claim Infringement” file on site) or in writing to:

Okanjo Partners, Inc. Attn: General Counsel
400 N Broadway Unit 704 Milwaukee, WI 53202
Phone: 414-810-1760
email: [email protected]

Okanjo may, at our sole discretion and without limiting other remedies, suspend or terminate accounts of users who may infringe third party intellectual property rights. Additionally, we may prohibit access to the Site and related content, services and tools, remove hosted content without notice and for any reason, and take whatever technical and legal actions we deem necessary and appropriate to deny access to the Site by users who we believe may cause problems, harass other users or our employees, trigger legal liability, infringe third party intellectual property rights, or otherwise violate the Terms (either expressly, impliedly, or in spirit). Okanjo also reserves the right to delete or terminate inactive accounts and to remove the Site altogether or any of its content or functionality.

Copyright Agent for Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Okanjo designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to Okanjo’s designated agent the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site;

4. Your address, telephone number, and email address;

5. 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;

6. A statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Okanjo’s designated agent for notification may be contacted at:
Okanjo Partners, Inc. Attn: General Counsel
400 N Broadway Unit 704 Milwaukee, WI 53202
Phone: 414-810-1760
email: [email protected]

Limitation or Termination of Use of the Sites, Service and Tools

Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our sites, service or tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our sites, services or tools, if we think they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We reserve the right to cancel unconfirmed accounts or accounts that have been inactive, or to modify or discontinue our sites, services or tools

Pricing

Okanjo does charge fees for using other services based on our Fees Schedule, which is subject to change with 5 days notice by posting the changes on the Site. Okanjo may temporarily modify or waive certain fees for our services as part of a promotion, which changes will be effective upon posting on the Site. Unless otherwise stated, all fees and applicable taxes are quoted in U.S. Dollars. If you fail to make timely payment, we reserve the right to collect fees applicable taxes owed by all available legal means and you will be responsible for also paying the costs we incur as a result of such collection efforts, including our attorneys’ fees and expenses.

Disclaimers and Limitations of Liability

To the extent permitted by applicable law, all information, services, items, and materials available through the site, and all goods and items you may purchase from a seller, are furnished on an “as is” and “as available” basis without any implied or express warranty of any kind from Okanjo (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, suitability, security, correctness and non-infringement). Okanjo, its subsidiaries, affiliates, officers, directors, employees, contractors, agents, and suppliers (collectively the “Okanjo parties”) make no representation or warranty regarding the condition of goods or items offered by sellers on the site, the continued availability, reliability, accuracy, results or performance of the site, the existence of any virus, worm, malicious code or other disabling device from any source, the unauthorized access to or use of your information by a party other than the Okanjo parties, any technical failures (including hardware or software failures), or loss or use of data.

Use of the Site is at your own risk. You agree that the Okanjo parties are not liable for any consequential, special, direct, indirect, exemplary, or punitive damages. In no event shall the Okanjo parties’ total liability to you for any damages, losses, fees and expenses (including attorneys’ fees), whether in contract, tort, or otherwise exceed the amount (if any) paid by you to Okanjo to purchase the particular services which form the basis of your claim or $100 if you have not paid any amounts to Okanjo. If you live in a state that does not allow the waiver of certain warranties, or limitations or damages waivers described in this section, some of these provisions may not apply to you. You agree to promptly notify Okanjo in writing if you believe you have any claim against the Okanjo parties, and, in any event, you agree that any claim not brought within one year after it arises (or such shorter period under applicable statutes of limitation) shall be waived and released.

Neither your use of the Site or the Terms creates any agency, partnership, joint venture, employment, franchise, or like relationship with Okanjo.

Indemnification

In consideration of your use of the Site, you hereby agree to indemnify, defend, and hold harmless the Okanjo parties from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or related to (1) goods or items you offer for sale on the site (including, without limitation, claims for personal injury or property damage); (2) your breach of these terms; (3) your violation of law; or (4) your violation or threatened violation of any person’s or entity’s rights (including, without limitation, copyright, patent, trade secret, trademark, or other proprietary or IP rights, or publicity, contract, moral, or privacy rights).

Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Okanjo’s failure to exercise, or delay in exercising, any right, power or privilege under these Terms shall operate as a waiver. Any waiver by Okanjo of a breach of any provision of these Terms shall not be a waiver of any other breach and shall not be construed to be a modification of the Terms unless and until agreed to in writing by Okanjo.

Use of Electronic Communications and Notices

We may communicate with you by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration or (b) posting notices or communications on the Site. You agree that we may communicate with you by means of electronic communications concerning this User Agreement, the Privacy Policy, and the Terms (including revisions or amendments), notices or disclosures regarding the Site, payment authorizations and any other matter relating to your use of the Site.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as appropriately revised by you thereafter, or when we post the electronic communication on the Site.

For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (1) you may contact us through the Site’s Contact Us page to request another electronic copy of the electronic communication without a fee; (2) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (3) you may contact us through the Contact Us page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (4) we reserve the right to terminate your use of the Site if you decline or withdraw consent to receive electronic communications from us.

Notwithstanding the foregoing, statements, notices and other communications to you may be made by mail, email, postings on the Site or other reasonable means. We may also provide notices of changes to this User Agreement, the Privacy Policy, the Terms or other matters by displaying links to notices on the Site. Notice to Okanjo may be made by mail to:

Okanjo Partners, Inc. Attn: General Counsel
400 N Broadway Unit 704 Milwaukee, WI 53202
Phone: 414-810-1760
email: [email protected]

You agree that all agreements, policies, notices, disclosures and other communications that we provide to you electronically constitute written communications and you specifically consent to contract with Okanjo electronically.

Privacy

We may use your information only in accordance with the Privacy Policy. If you do not agree with the use of your information as described in our Privacy Policy then you are not authorized to use the Site or our services.

Downtime

If you list an item for auction that is scheduled to end during a period when the Site is not available, please contact us through the Site’s Contact Us Page. Depending upon the length, nature, and impact of the downtime, Okanjo may, at its sole option, extend the duration of your listing.

Additional Policies

When using particular services on our Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Terms of Use.

Entire Agreement

The Terms constitute the entire agreement between you and Okanjo related to your use of the Site. Any prior agreements, representations, statements, or negotiations with respect to the subject matter of the Terms are superseded by the Terms. You have not relied on any representations that may have been made by Okanjo related to the Site.

License and Access to Okanjo Website

Certain limitations and restrictions apply to the licenses and rights granted to you in this Agreement. You understand and agree that these licenses and rights may be exercised only by your employees and agents (including volunteers) acting on your behalf, that you are responsible for their conduct in using the Okanjo website, and that these licenses and rights may not be assigned to any other person or entity or used on another’s behalf.

You acknowledge that Okanjo owns the Okanjo website and all associated intellectual property rights. All rights that are not expressly granted to you by this Agreement are expressly reserved by Okanjo.

You understand that Okanjo is not affiliated with PayPal and no license or other rights are granted by this Agreement to access or to use PayPal. Your use of PayPal remains subject to the terms and conditions of any Agreement between you and PayPal.

Taxes

Notwithstanding your status as a Tax-Deductible Organization, you will be responsible for all sales, use, value added or other similar taxes, duties, levies, charges or assessments applicable or payable in connection with donations made to your organization pursuant to this Agreement.

Warranties and Disclaimers

You represent and warrant to Okanjo that:

(i) you are, and at all times during the term of this Agreement will remain, a Tax-Deductible Organization with public charity status described in section 170(b)(1)(A) (other than subsection (vii) of the Code; (ii) you will utilize donations received from PayPal in accordance with such status; (iii) you will at all times use the Okanjo Website in compliance with all applicable laws, rules and regulations, including any requirements governing solicitation of charitable donations; (iv) all information provided by you in your Okanjo Nonprofit Profile is true and accurate at all times; (v) you have the right to provide all information provided by you in your Okanjo Gives Store Profile or otherwise, the right to authorize us to use this information as contemplated herein, and the right to enter into this Agreement on behalf of your organization; (vi) you have the right to grant the licenses to Okanjo hereunder; and Okanjo use, as contemplated by this Agreement, of materials or rights licensed hereunder, will not infringe the intellectual property rights; (vii) you will not disparage Okanjo, any Okanjo Nonprofit or any partner or sponsor of Okanjo identified within the Okanjo Website; and (viii) you will at all times comply with the terms and conditions of this Agreement and any terms of use or other agreements you may have with PayPal or your bank.

You agree to indemnify, hold harmless, and, at our option, defend Okanjo and its officers, directors, employees, licensees, agents and vendors from and against all claims, costs, losses, damages, expenses (including attorneys’ fees and court costs) and liabilities arising from your breach or alleged breach of any obligation, covenant, representation or warranty under this Agreement. If Okanjo requires you to provide defense of any matter for which indemnity is or may be due hereunder, Okanjo may participate in such defense by counsel of its choice at its own expense. You will not settle any claim for which indemnity is due hereunder unless such settlement completely and forever releases Okanjo and the other indemnified parties with respect to such claim, or unless Okanjo provides its prior written consent.

In no event shall Okanjo be liable to you for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, lost revenues, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data or documentation or liabilities to third parties arising from any source, even if Okanjo has been advised of the possibility of such damages. our cumulative liability to you for all claims arising from or relating to this agreement, including, without limitation, any cause of action sounding in contract, tort or strict liability, shall not exceed $10. the foregoing limitations and exclusions of liability are intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective. You shall not authorize a third party (e.g. an association of nonprofits organizations or agent) to enter this agreement on your behalf or to perform on your behalf (e.g. to receive and process any donations made to you) you acknowledge that the provisions of this paragraph and the preceding paragraph form an essential basis of the arrangement between you and Okanjo, and absent the disclaimers, limitations and exclusions of our liability set forth above, the terms of this agreement would be substantially different.

Terms and Termination

This Agreement becomes effective when you have accepted our Terms on the Okanjo Website. Once in effect this Agreement will continue until terminated by either of us.

You may terminate this Agreement at any time and for any reason by providing written notice to Okanjo. Written notice may be provided by mail, email, or other reasonable means. Okanjo Partners, Inc.

Okanjo Partners, Inc. Attn: General Counsel
400 N Broadway Unit 704 Milwaukee, WI 53202
Phone: 414-810-1760
email: [email protected]

If you breach this Agreement at any time, you are not considered to be “good standing.” Okanjo may suspend your access to the Okanjo Website in order to require you to remedy a breach. Okanjo may terminate this Agreement at any time and for any reason by providing notice to you in accordance with this Agreement.

You understand that Okanjo has no obligation to make any donations to you (even those where you have been specified as the Charitable Beneficiary), or otherwise to provide any services or perform other obligations under this Agreement, after the termination of this Agreement for any reason.

Any obligations you have incurred before termination will survive as obligations even after termination. The obligations above will survive the termination of this License Agreement.

Miscellaneous Terms and Conditions

This Agreement, together with any other documents incorporated herein by reference (including, without limitation, Okanjo Terms of Use and the Okanjo fee structure, each as amended from time to time), constitutes the entire Agreement between Okanjo and supersedes all previous negotiations, understandings and agreements between Okanjo in relation to its subject matter.

You acknowledge that in entering and performing this Agreement both Okanjo and you are acting solely as independent contractors, and nothing in this Agreement creates a partnership, joint venture, or employer-employee relationship, and neither party is acting as an agent of the other party. For purposes of clarity, neither party has any authority to make any commitments on behalf of the other party or to purport to bind the other party in any manner or to any extent.

Okanjo may give notice pursuant to this Agreement by any means of contact in your Okanjo Nonprofit Store Profile and will be effective when sent. If you fail to provide valid and current contact information as required, you waive your right to receive notices under this Agreement during the period of such failure. Notices may also be given by posting information within the Okanjo Website and, except as required by the following section will be deemed effective when posted. Notices from you to Okanjo must be given by email or other means provided within the Okanjo Website and will be deemed given when actually received by Okanjo.

Okanjo may amend this Agreement at any time by posting amended terms on the Okanjo Website. Okanjo will send a message to the email address in your Okanjo Nonprofit Store Profile alerting you. Except as otherwise expressly stated in such a posting, all amended terms shall automatically be effective and legally binding upon 5 days after having been posted on the Okanjo Website. Your continuation as an Okanjo Nonprofit, and/or your continued access to or use of the Okanjo Website after such 5 day period will constitute your complete consent and acceptance to all such amended terms. If you do not accept the amended terms you may terminate this Agreement as set forth in this Agreement. Apart from such posting by Okanjo, this Agreement may not otherwise be amended except in a written document (i) that expressly references this Agreement and/or any affected amended terms as posted by Okanjo and (ii) that is executed by both you and Okanjo.

Should any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be void, illegal, invalid, inoperative, or unenforceable, the remaining provisions of this Agreement shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

You may not assign this Agreement without Okanjo’s prior written consent; any attempted assignment in violation of the foregoing will be null and void. Okanjo may assign this Agreement to any third party without your consent. All the terms and provisions of this Agreement shall be binding upon, shall inure to the benefit of, and shall be enforceable by the respective successors and permitted assigns of you and Okanjo.

Okanjo’s failure to partially or fully exercise any right will not be considered a waiver of that right unless Okanjo so states in writing to you. The waiver of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. Any remedies made available to us by the terms of this Agreement are cumulative and are without prejudice to any other remedies that may be available to us in law or equity.

Any dispute between you and Okanjo shall be resolved in accordance with the Dispute Resolution provisions of the Okanjo Terms of Use which cannot be resolved by negotiation shall be submitted to mediation, and if mediation fails, arbitration, under the rules of the American Arbitration Association, or any comparable entity that you and we may subsequently agree upon in writing. Any arbitration award issued by the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you acknowledge that unauthorized use of our proprietary materials, information or technology may cause irreparable harm to Okanjo for which monetary damages would be an inadequate remedy. Accordingly, we have the right, without necessity of posting bond, to seek injunctive or other equitable relief from any court of competent jurisdiction to protect our rights in intellectual property or confidential information.

This Agreement shall be governed and interpreted in accordance with the laws of the state of Wisconsin without regard to its principles of conflict of laws. Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, shall be proper only within a mediation or arbitration process or in a tribunal of competent jurisdiction within the state of Wisconsin.