The terms and conditions appearing hereafter comprise the entire agreement between the User (as defined below) and the Company (as defined below) and supersede all prior agreements between the parties regarding the subject matter contained herein. By completing the registration process and/or clicking the "I accept" button, you are indicating your agreement to be bound by all of the terms and conditions of the Company as appearing below.
In this Agreement the following expressions shall have the following meanings defined below:
Commencement of Service :-
- Agreement" Is defined as the completed application form and its attachment(s) and the terms and conditions herein and is deemed to have been executed at New Accra, Ghana. "Commencement Date" is defined as the date specified by the Company in its notice to the User either through email and/or conventional mail indicating the acceptance of the application by the User to the Service.
- Company" Is defined as CodeSoft Limited., a limited company incorporated under the Companies Act, Accra, Ghana along with its unit for the Company's website CodeSoftAfrica.com
- Date of Termination" Is defined as the expiry date of the notice of termination given under clause 10 below.
- CodeSoft.com" Is defined as the Internet web site of the Company at www.CodeSoftAfrica.com "User" is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.
- Services" Is defined as the services to be provided by the Company to the User at CodeSoft.com including the provision of facilities for the following:
- A User who wishes to make of posting of resume or curriculum vitae for the purpose of seeking employment
- A User who wishes to secure recruitment through CodeSoft.com and its Internet links.
- A User who wishes to insert advertisements at CodeSoft.com.
- User who wishes to receive advertisements and promotional messages on www.CodeSoftAfrica.com and through emails.
- "Services Guide" Is defined as the information and description of the Services for the User from time to time provided by the Company in writing or contained within CodeSoft.com.
- "Registration Data" Is defined as all particulars and information of the User requested on initial application and subscription, including but without limiting to the User's name, mailing address, email address, account and telephone number.
- Words mentioned as singular shall also include the plural and words importing one gender shall also include the other.
The Service shall commence on the Commencement Date.
- The User is solely responsible for the accuracy of the Registration Data given to the Company on initial application for the Service.
- The User is responsible for the set-up or configuration of his equipment for access to the Service.
- The User is solely responsible for obtaining, at his own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service. "The User will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User is solely responsible for the maintenance of confidentiality of and the User's password and user identification and all activities and transmission performed by the User through his user identification.
- The User will immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.
- The User shall where Subscription Fees are payable, to pay the same promptly as required by the Company from time to time.
- User will not to allow any person other than the authorized person(s) named in the application form to use the Service.
- The User shall not to share the Service with any person without the prior written approval of the Company and shall use the Service only for the purpose for which is subscribed.
- The User will comply with all applicable laws (and shall not contravene any applicable law) of Ghana relating to the Services, including any regulation made pursuant thereto.
- The User shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
- The User shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited in persistently sending messages or make postings on CodeSoft.com to any other User or third party who access CodeSoft.com without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person.
- The User is prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or CodeSoft.com network system. "The User will not infringe on any intellectual property rights of any person or retain information in any computer system or otherwise with an intention to do so.
- The User shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on CodeSoft.com except such data and information which is posted by the particular User himself.
- The User shall not violate, or attempt to violate the security of CodeSoft.com and/or any web sites linked to CodeSoft.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
In the event that the User breaches any of the above mentioned covenants, and the Company becomes aware of such violation, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such activity, the Company has the unilateral right to suspend or deactivate the User's access to CodeSoft.com the Service and / or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
Security and other features
Maintenance of Service
- The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy of his user Identification and/or password and shall not reveal the same to any other person(s).
- The user identification is necessary to access the Service; the User shall use only his own user Identification.
- The User acquires no rights to any mailbox number, the user identification, circuit reference and any codes assigned to him by the Company and except as otherwise proved herein, the Company reserves the right to change or re-assign the same to the User at its sole discretion without being liable to the User in damages or otherwise.
- In the event of theft or loss of user identification, password or security word, the User must notify the Company immediately by telephone and concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
The Company may at any time deactivate or suspend the User's access to CodeSoft.com and/or the Services (as the case may be) without notice to carry out system maintenance, upgrading, testing, repairs and other related work. Without prejudice to the other provisions of this Agreement, the Company shall not be liable for any loss and damage, costs and expense that the User may suffer or incur, and no fees or charges payable by the User to the Company shall be deducted, refunded or rebated, as a result of such deactivation or suspension. Termination of Service
- Either party to this agreement may terminate this Agreement by giving prior notice in writing of 30 days.
- The Company may in its sole discretion waive or accept in writing a shorter period of notice from the User than that referred in point 1 of this clause 10.1.
- Notwithstanding point 1 of this clause, the Company may terminate this Agreement with immediate effect, without prior notice to the User and without further prejudice to all other rights:
- if in the opinion of the Company, the User has breached any of the terms or conditions of this agreement.
- if, in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason.
- if the User is declared a bankrupt or the User enters into any compromise or arrangement with its creditors.
Liabilities for Subscription Fees upon termination.
- The Company shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Service.
- The User shall be solely responsible, and the Company shall not be liable in any manner whatsoever, for ensuring that in using the Service, all applicable laws, rules and regulations for the use of systems, service or equipment shall be at all times complied with.
- The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Services or CodeSoft.com.
- The Company's liability under this Agreement shall not in any event exceed the total amount of fees and charges paid by the User to the Company for the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
- The Company shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
- The Company does not warrant that CodeSoft.com or any of the web sites linked to CodeSoft.com be free of any operational errors nor that it will be free of any virus, worm, or other harmful component.
- The User acknowledges that it is not the Company's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to a third party in or through CodeSoft.com. The Company may refuse, suspend, terminate, delete or amend any artwork, materials, information or content of any data or information or posting so as, in the sole opinion of the Company, to comply with the legal or moral obligations as placed on the Company and to avoid infringing a third party's rights or any other rules, standards or codes of practices that may be applicable to the posting or CodeSoft.com or the internet.
- Both parties hereby agree not to divulge nor communicate to any person (other than those whose province it is to know the same) nor use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his knowledge by reason of or in connection with this Agreement. Both parties hereby agree also agree that they shall use all reasonable efforts to prevent their employees, officers, agents and consultants from so acting, except where the prior written consent of the other party is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.
- The Company maintains a policy of strict confidentiality of all data and information submitted by the User and the Company shall not, save as provided for under clause 14 herein, release such data and information to any persons without the prior consent of the User.
- The User is entitled to access to his own data and information stored in the database at CodeSoft.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
- Users need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) in chat and bulletin board areas, such information may be collected by a third party resulting in unsolicited messages from third parties. Such interaction is beyond the control and liability of CodeSoft.com.
- The copyright, know how or any other related intellectual property to the Service or CodeSoft.com shall be the sole and exclusive property of the Company. In the event the User has contributed any content to CodeSoft.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the User shall have no right or claim over the same. In the event the User during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.
Modification to Service
- The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the User.
- The Terms and Conditions of this agreement will be updated from time to time and posted at CodeSoft.com. The User should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
The Company reserves the right to modify or discontinue the Service with or without notice to the User. Save for paid service, a pro-rated refund shall be affected for the remaining unused period. "The Company shall not be liable to the User or any third party should the Company exercise its right to modify or discontinue the Service.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use CodeSoft.com is governed by the laws of Ghana and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Accra, Ghana, Ghana.