TERMS AND CONDITIONS OF USE OF DAILYACCRA.COM
Last updated on: Tuesday, 14 August 2018
Dailyaccra.com is an internet-based online information and communication service provided by DMG (as defined in Clause 1 of this Dailyaccra.com Terms and Conditions). Please read the terms and conditions of Dailyaccra.com (as defined in Clause 1 of this Dailyaccra.com Terms and Conditions) carefully before accessing to and/or using the Dailyaccra.com Service (as defined in Clause 1 of this Dailyaccra.com Terms and Conditions). These terms and conditions are only available in English. By accessing to, continuing to access to, using, and/or continuing to use Dailyaccra.com irrespective of the delivery platform or device you use to access it, you agree to abide by these terms and conditions. If you do not agree with these terms and conditions, you should access or use any of the content on Dailyaccra.com.
1. DEFINITIONS
The following definitions apply on Dailyaccra.com unless otherwise stated.
“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television, and/or another electronic device now known or later developed used to access and/or use Dailyaccra.com.
“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, charts, maps, messages, blogs, ideas, comments, suggestions, and/or others on this website or related websites of DMG.
“DA” means individually and collectively Daily Accra and/or its ultimate holding company(ies), holding company(ies), subsidiaries, affiliates, and subsidiaries of each of such ultimate holding company(ies) and holding company(ies).“DA Content” means all Content that Daily Accra makes available or presents on Dailyaccra.com.
“DMG” means collectively the ultimate holding company of Dailyaccra.com.
“Dailyaccra.com Service” means online information and communication service which is available for viewing or otherwise by accessing the Content on the Dailyaccra.com Website and/or through its mobile websites, applications, newsletters, and/or other news aggregators and/or for access to and use of the Discussion Forum, where applicable, subject to the terms and conditions of these Terms and Conditions.
“Dailyaccra.com” means the main website of Daily Accra at www.dailyaccra.com.
“Third Party Content” means products and services of third parties which are and/or have been advertised or presented on Dailyaccra.com.
“Third Party Products” means products and services of third parties which are and/or have been advertised or presented on Dailyaccra.com.
“Your Content” means all the Content that you have made available or presented on Dailyaccra.com.
2. USAGE
2.1 Anyone is entitled to use for free the Dailyaccra.com subject to these terms and conditions.
2.2 By accessing, continuing to access, using, and/or continuing to use Dailyaccra.com, you agree to be bound by all the terms and conditions of this website throughout the period of access and/or use of the same.
2.3 DMG reserves the right to modify these terms and conditions of Dailyaccra.com and/or any features of the Dailyaccra.com website from time to time. Such modification shall be effective and replace any previous terms and conditions of this Dailyaccra.com and/or any previous features of the Dailyaccra.com immediately upon posting of the modified Dailyaccra.com Agreement and/or features of Dailyaccra.com without notifying you.
2.4 DMG reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of Dailyaccra.com from time to time. DMG further reserves the right to discontinue all or part of the Dailyaccra.com Service without notifying you.
2.5 You agree to review these Terms and Conditions periodically to ensure that you are aware of any modifications. Your continued access to and/or use of Dailyaccra.com shall be deemed your conclusive acceptance of any modified Dailyaccra.com Terms and Conditions.
2.6 DMG may also impose limits on certain features and services in respect of the Dailyaccra.com Service.
2.7 You represent that you have read and agree to be bound by DA’s Privacy Policy at www.dailyaccra.com/privacy-policy.
3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
3.1 Your Content
3.1.1 You retain the intellectual property rights that you may or should have in Your Content.
3.1.2 By posting Your Content on Dailyaccra.com, you automatically grant DMG a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, and sub-licensable right and license to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or in part), it’s edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed.
3.1.3 In respect of the right and license as referred to in Clause 3.1.2 of this Agreement, you represent and warrant that:
(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and license;
(b) all of Your Content is your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties including copyrights, trademarks or other personal or proprietary rights or contravene or violate any applicable laws or regulations; and
(c) all of your Content will not contain libelous, defamatory, or otherwise unlawful material.
3.2 Daily Accra Content
3.2.1 All intellectual property rights in the DA Content, including but not limited to the copyright in the compilation of all Content on Dailyaccra.com, shall remain with Daily Accra.
3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Daily Accra Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any DA Content available on the Dailyaccra.com Service unless otherwise permitted in advance by DMG in writing.
3.2.3 You shall not assist or facilitate any third party to make use of any Daily Accra Content in any manner that constitutes an infringement of DA’s intellectual property and/or related rights, including but not limited to “framing”, downloading, or establishing unauthorized link(s) to any part of the Content on your or any third party’s website(s) or platform(s).
3.2.4 The domain name(s) on which Dailyaccra.com is hosted is the sole property of DMG. You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.
3.2.5 The trademarks, logos, service marks, and other marks of Daily Accra (“DA Marks”) displayed on Dailyaccra.com are the sole property of DMG. You are not permitted to use any DA Marks without the prior written approval of DMG.
3.3 Third-Party Content
3.3.1 The trademarks, logos, service marks, and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).
3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of a such third party(ies) without the prior written approval of such relevant third party(ies).
3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on Dailyaccra.com unless otherwise permitted in advance by a such relevant third party(ies) in writing.
4. PRIVACY OF PERSONAL DATA
All information received by DMG from your use of the Dailyaccra.com Service will be used by DMG in accordance with its Privacy Policy. Please read DA’s Privacy Policy at www.dailyaccra.com/privacy-policy for details of how DMG may process your personal data.
5. DISCLAIMER OF WARRANTIES
5.1 Dailyaccra.com Service and Computer
Daily Accra makes no representation or warranty that:
(a) the access to, use of and functioning of the Dailyaccra.com Service and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components;
and
(b) the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.
5.2 Content
Daily Accra makes no representation or warranty regarding the view of or the results of the view of any Content on the Dailyaccra.com Service in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
5.3 Third Party Content
Daily Accra makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on the Dailyaccra.com Service, the Dailyaccra.com Website or websites linked from the Dailyaccra.com Website in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
5.4 Daily Accra Content
Daily Accra makes every effort to ensure that all Daily Accra Content on the Dailyaccra.com is accurate and complete to the best of Daily Accra’s knowledge. However, Daily Accra provides the Daily Accra Content for informative purposes and on an ‘as is” basis only. DMG disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.
5.5 Professional or Expert Advice
The data, information and/or any Content made available on the Dailyaccra.com Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the Dailyaccra.com Service as necessary.
5.6 Third Party Products
You acknowledge and agree that Daily Accra does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the Dailyaccra.com Service, the Dailyaccra.com Website or websites linked from Dailyaccra.com.
5.7 View of Information on the Dailyaccra.com Website
You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from Daily Accra, other readers, other users, third parties and advertisers on Dailyaccra.com should be viewed and relied upon only with care and discretion and at your own risk. Daily Accra shall not be responsible for any loss or liability incurred by you arising from such view or reliance.
6. LIMITATIONS OF LIABILITY
6.1 In no event shall Daily Accra be liable to you or you shall hold Daily Accra liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the Dailyaccra.com Service, and/or caused by the view of, or inability to view of, the Content, Your Content, Daily Accra Content, Third Party Content and/or the Dailyaccra.com Website.
6.2 Your Content
You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) Daily Accra shall not be liable in any manner.
6.3 Third Party Content
Daily Accra shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.
6.4 Force Majeure
Daily Accra shall not be liable for any failure or delay in performance of its obligations under this Dailyaccra.com Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.
6.5 Under no circumstance shall Daily Accra be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the Dailyaccra.com Service, or the view of, or inability to view of, Content, Your Content, Daily Accra Content, Third Party Content and/or the Dailyaccra.com Website.
7. ACCESS TO AND AVAILABILITY OF DAILYACCRA.COM SERVICE AND LINKS
The Dailyaccra.com Service contains links to other related world wide web internet sites, resources, and sponsors of Daily Accra. Since Daily Accra is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.
8. HACKING, DISRUPTION AND IMPAIRMENT
You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the Dailyaccra.com Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.
9. SECURITY
9.1 You shall notify Daily Accra’s Customer Service at support@dailyaccra.com of any known or suspected unauthorised access(es) to and/or use(s) of your Discussion Forum Account and/or the Dailyaccra.com Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your Discussion Forum Account password, and/or unauthorised access(es) to and/or use(s) of your Discussion Forum Account.
9.2 You are responsible for all accesses to, usages of or activities on your use of the Dailyaccra.com Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the Dailyaccra.com Service, at Daily Accra’s sole discretion, and DMG may refer you to appropriate law enforcement agencies.
10. COMMUNICATIONS BETWEEN DAILYACCRA.COM AND READERS
10.1 You agree that Daily Accra may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the Dailyaccra.com Service and other matters relating to your access to and/or use of the Dailyaccra.com Service.
10.2 Daily Accra reserves the right to gather and use information about your access(es), usage(s) and demographics, and agree to maintain your data privacy, in accordance with Daily Accra’s Privacy Policy, the Personal Data (Privacy) Ordinance, and all relevant applicable data protection and privacy laws and regulations in force from time to time. For more information please read the Daily Accra’s Privacy Policy at www.dailyaccra.com/privacy-policy.
11. SOFTWARE LICENCES
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the Dailyaccra.com (“Access Software”). You may not sub-license, assign or transfer any licenses granted by DMG, and any attempt at such sub-license, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.
12. TERMINATION OF DAILYACCRA.COM SERVICE
12.1 DMG may (i) deactivate or suspend the Dailyaccra.com Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the Dailyaccra.com Service with or without notice to you if DMG is of the sole opinion that such action is appropriate as a result of your access to and/or use of the Dailyaccra.com Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason DMG deems relevant to the management or the operation of any of the Dailyaccra.com Service and DMG’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the Dailyaccra.com Service or any part thereof.
12.2 DMG may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the Dailyaccra.com Service by you, suspend your access to and/or use of any or all of the Dailyaccra.com Service temporarily or permanently.
12.3 This Dailyaccra.com Agreement may be terminated by DMG for any reason at any time.
12.4 Termination under the provisions of this Dailyaccra.com Agreement shall not affect DMG’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this Dailyaccra.com Agreement which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy under this Dailyaccra.com Agreement as at the date of termination shall be forfeited absolutely.
13. LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS
You acknowledge that DMG may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this Dailyaccra.com Agreement. In this connection, you agree not to hold Daily Accra liable or responsible.
14. WRITTEN EVIDENCE
14.1 You hereby agree that all records of DMG relating to the Dailyaccra.com Service, to your access to and/or use of the Dailyaccra.com Service, to your view of any Content on the Dailyaccra.com Website, and/or to the terms and conditions of this Dailyaccra.com Agreement (collectively the “Records”), which despite being in electronic or digital form, are deemed to be written and original documents.
14.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.
15. INDEMNITY
You agree to indemnify Daily Accra and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against DMG and its employees, officers, agents, contractors, readers and users arising from or in connection with:
(a) your connection to the Dailyaccra.com Website;
(b) your access to and/or use of the Dailyaccra.com Service and/or your posting of any Content on the Dailyaccra.com;
(c) your breach of any of the terms and conditions of this Dailyaccra.com Agreement, including but not limited to any representations and warranties given by you;
(d) your contravention of any applicable laws or regulations; and/or
(e) your violation of the rights of any person(s) and/or entity(ies).
16. GENERAL
16.1 DMG shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this Dailyaccra.com Agreement to any third party at its sole and absolute discretion.
16.2 No failure on the part of Daily Accra in exercising any right, power or privilege and no course of dealing between you and Daily Accra shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this Dailyaccra.com Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
16.3 If any term or provision of this Dailyaccra.com Agreement is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of this Dailyaccra.com Agreement, but the validity and enforceability of the remainder of this Dailyaccra.com Agreement shall not be affected.
16.4 DMG and you expressly agree and acknowledge that the terms and conditions of this Dailyaccra.com Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this Dailyaccra.com Agreement.
16.5 This Dailyaccra.com Agreement shall be governed by and construed in accordance with the laws of Ghana. You agree that any action arising under this Dailyaccra.com Agreement shall be submitted to the non-exclusive jurisdiction of Ghanaian courts.
16.6 For enquiries, please contact DMG’s Customer Relationship via email to support@dailyaccra.com.
