Terms of Service
Terms of Service – Credit Cafe Africa
Last updated: 30th March
2023
Introduction and Acceptance of Terms
Welcome to Credit Cafe Africa! These Terms of Service ("Terms")
govern your
access to and use of the Credit Cafe Africa platform ("Platform") and any related services
provided
by Credit
Cafe Africa ("we", "us", or "our"). By accessing or using the Platform, you agree to be bound by
these Terms. If
you do not agree with any part of these Terms, you must not access or use the Platform.
These Terms apply to all visitors, users, and others who access
or
use the
Platform. Please read these Terms carefully and ensure that you understand them before using the
Platform. By
accessing or using the Platform, you acknowledge that you have read, understood, and agree to be
bound by these
Terms.
Accounts and Registration
To access certain features of the Platform, you may be required
to
create an
account. When creating an account, you agree to provide accurate, current, and complete
information
about
yourself as prompted by the registration process. You are responsible for maintaining the
confidentiality of
your account password and for any activities or actions that occur under your account. You agree
not
to share
your account password with any third party.
You must notify us immediately if you become aware of any
unauthorized access to
or use of your account or any other breach of security. We are not liable for any loss or damage
arising from
your failure to comply with this section.
Use of the Platform
By using the Platform, you agree to comply with all applicable
laws
and
regulations, and to only use the Platform for lawful purposes. You may not use the Platform for
any
illegal or
unauthorized purpose, nor may you use the Platform in any manner that could damage, disable,
overburden, or
impair the Platform or interfere with any other party's use and enjoyment of the
Platform.
You agree not to engage in any activity that may harm or
potentially
harm the
Platform, its users, or any third parties. This includes, but is not limited to, transmitting or
distributing
any malicious software, engaging in any form of harassment or abuse, or attempting to gain
unauthorized access
to any part of the Platform or any systems or networks connected to the Platform.
You also agree that you will not use any automated system,
including
but not
limited to, robots, spiders, or offline readers, to access the Platform in a manner that sends
more
request
messages to our servers than a human can reasonably produce in the same period by using a
conventional web
browser.
By using the Platform, you acknowledge and agree that we have the
right to
monitor, remove, or modify any content or activity on the Platform at our sole discretion. We
may
also take any
legal action that we deem appropriate in response to any violation of these Terms or any
applicable
laws or
regulations.
Intellectual Property Rights
All content, features, and functionality on the Credit Cafe
Africa
platform,
including but not limited to text, graphics, logos, icons, images, audio clips, and software,
are
the exclusive
property of Credit Cafe Africa or its licensors and are protected by international copyright,
trademark, patent,
trade secret, and other intellectual property or proprietary rights laws. Any unauthorized use
of
the materials
on the platform is strictly prohibited. You agree to not reproduce, distribute, modify, create
derivative works
of, publicly display, publicly perform, republish, download, store, or transmit any of the
material
on our
platform, except as necessary for your personal, non-commercial use.
Privacy and Data Protection
Your privacy is important to us. Please review our Privacy
Policy,
which explains
how we collect, use, protect, and share your personal information when you access and use the
Credit
Cafe Africa
platform. By agreeing to these Terms of Service, you acknowledge that you have read, understood,
and
agreed to
be bound by the provisions of our Privacy Policy.
Third-Party Links and Services
Credit Cafe Africa may provide links to third-party websites or
services for your
convenience and information. These third-party sites are not under our control, and we are not
responsible for
their content, products, services, or privacy practices. The inclusion of any link does not
imply
endorsement by
Credit Cafe Africa. We recommend that you review the terms and conditions and privacy policies
of
any
third-party websites or services that you visit.
User-Generated Content and Conduct
By submitting or posting any content, comments, or other
materials on
the Credit
Cafe Africa platform (collectively, "User-Generated Content"), you grant Credit Cafe Africa a
non-exclusive,
royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use,
reproduce,
modify, adapt,
publish, translate, create derivative works from, distribute, and display such User-Generated
Content throughout
the world in any media.
You represent and warrant that (a) you own or control all rights
in
and to your
User-Generated Content and have the right to grant the license granted above, (b) your
User-Generated Content
does not violate the rights of any third party, including without limitation, copyright,
trademark,
privacy, or
other personal or proprietary rights, and (c) your User-Generated Content will not cause injury
to
any person or
entity.
You agree not to use the Credit Cafe Africa platform to post,
transmit, or share
User-Generated Content that is unlawful, defamatory, libelous, abusive, harassing, threatening,
obscene, or
otherwise objectionable, or that infringes on any intellectual property or other rights of any
third
party.
Credit Cafe Africa reserves the right, but has no obligation, to review and remove any
User-Generated Content at
its sole discretion.
Termination and Suspension of Access
Credit Cafe Africa reserves the right to terminate or suspend
your
account and
access to the platform at any time, without prior notice or liability, for any reason, including
but
not limited
to a breach of these Terms. Upon termination, your right to use the platform will immediately
cease.
All
provisions of these Terms that, by their nature, should survive termination shall survive,
including, without
limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of
liability.
Disclaimers and Limitation of Liability
To the maximum extent permitted by applicable law, Credit Cafe
Africa
and its
affiliates, directors, employees, agents, and licensors disclaim all warranties, whether express
or
implied,
including but not limited to warranties of merchantability, fitness for a particular purpose,
and
non-infringement. Credit Cafe Africa does not warrant that the platform will be uninterrupted,
secure, or
error-free, or that any errors will be corrected.
In no event shall Credit Cafe Africa or its affiliates,
directors,
employees,
agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive
damages,
including without limitation, loss of profits, data, use, goodwill, or other intangible losses,
resulting from
(i) your access to or use of or inability to access or use the platform; (ii) any conduct or
content
of any
third party on the platform; (iii) any content obtained from the platform; and (iv) unauthorized
access, use, or
alteration of your transmissions or content, whether based on warranty, contract, tort
(including
negligence),
or any other legal theory, whether or not we have been informed of the possibility of such
damage.
Indemnification
You agree to defend, indemnify, and hold harmless Credit Cafe
Africa
and its
affiliates, directors, employees, agents, and licensors from and against any and all claims,
damages,
obligations, losses, liabilities, costs or debt, and expenses (including but not limited to
attorney's fees)
arising from: (i) your use of and access to the platform; (ii) your violation of any term of
these
Terms; (iii)
your violation of any third party right, including without limitation, any copyright, property,
or
privacy
right; or (iv) any claim that your content caused damage to a third party. This indemnification
obligation will
survive these Terms and your use of the platform.
Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with
the
laws of Ghana,
without regard to its conflict of law provisions. Any legal action or proceeding arising under
these
Terms will
be brought exclusively in the courts located in Accra, Ghana, and the parties hereby irrevocably
consent to the
personal jurisdiction and venue therein.
Dispute Resolution and Arbitration
In the event of any dispute, claim, or controversy arising out of
or
in
connection with your use of the platform or these Terms, the parties shall first attempt to
resolve
the dispute
through good faith negotiations. If the dispute cannot be resolved through negotiations, the
parties
agree to
submit the dispute to binding arbitration administered by [Arbitration Institution], in
accordance
with its
applicable rules and procedures. The arbitration shall take place in Accra, Ghana, and the
language
of the
arbitration shall be English. The arbitrator's award shall be final and binding on the parties,
and
judgment on
the award may be entered in any court having jurisdiction thereof.
Changes to the Terms of Service
We reserve the right, at our sole discretion, to modify or
replace
these Terms of
Service at any time. If a revision is material, we will make reasonable efforts to provide at
least
30 days'
notice prior to any new terms taking effect. What constitutes a material change will be
determined
at our sole
discretion. By continuing to access or use our Platform after any revisions become effective,
you
agree to be
bound by the revised terms. If you do not agree to the new terms, you are no longer authorized
to
use the
Platform.
Severability and Waiver
If any provision of these Terms of Service is held to be invalid
or
unenforceable
by a court, the remaining provisions of these Terms will remain in effect. Any failure by us to
enforce any
right or provision of these Terms will not be considered a waiver of those rights. The waiver of
any
such right
or provision will be effective only if in writing and signed by a duly authorized representative
of
Credit Cafe
Africa.
Assignment
You may not assign or transfer your rights or obligations under
these
Terms of
Service, by operation of law or otherwise, without our prior written consent. Any attempt by you
to
assign or
transfer your rights or obligations under these Terms, without such consent, will be null and
void.
We may
assign or transfer our rights and obligations under these Terms, at our sole discretion, without
restriction.
Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their
successors, and
permitted assigns.
Contact Information
If you have any questions or concerns about these Terms of
Service or
your
experience with the Credit Cafe Africa Platform, please do not hesitate to contact us at:
Credit Cafe Africa
C225/16 Ellebal House
Accra, Ghana
[email protected]