fie.nipa

1. Acceptance of Terms

fie.nipa of Suuch Solutions (fie.nipa) provides this public service to you subject to the following Terms of Public Service (ToPS), which may be updated by us from time to time without notice to you.

2. Description of Public Service

fie.nipa provides users with access to a variety of resources, in particular the provision of an electronic market (the Public Service) which may be accessed through various media or devices now known or hereafter developed. You understand and agree that the Public Service may include advertisements and that these advertisements are necessary for fie.nipa to provide the Public Service. You also understand and agree that the Public Service may include certain communications from fie.nipa, such as service announcements, and administrative messages, and that these communications are considered part of fie.nipa membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Public Service shall be subject to the ToPS. You understand and agree that the Public Service is provided AS-IS and that fie.nipa assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Public Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Public Service.

3. Your Registration Obligations

In consideration of your use of the Public Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Republic of Ghana or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Public Service's registration form (the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or fie.nipa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, fie.nipa has the right to suspend or terminate your account and refuse any and all current or future use of the Public Service (or any portion thereof).

4. fie.nipa Privacy Policy

Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy. You understand that through your use of the Public Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the Republic of Ghana and/or other countries for storage, processing and use by fie.nipa and its affiliates.

5. Member Account, Password, and Security

You will receive a password and account designation upon completing the Public Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify fie.nipa of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. fie.nipa cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. You, and not fie.nipa, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Public Service. Under no circumstances will fie.nipa be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Public Service.

You agree to not use the Public Service to:

1.upload, post, transmit or otherwise make available any Content that is unlawful, harmful, abusive, harassing, tortuous, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable, or harmful to minors in any way;

2.impersonate any person or entity, including, but not limited to, a fie.nipa official, content partner, or other affiliate, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Public Service;

4.upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

5.upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

6.upload, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose;

7.upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

8.interfere with or disrupt the Public Service or servers or networks connected to the Public Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Public Service;

9.intentionally or unintentionally violate any applicable Ghanaian, African or international law;

10.provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to unethical organisations or any other activity that may be rightfully construed as money laundering under the laws of Ghana.

You acknowledge that fie.nipa may or may not pre-screen Content, but that fie.nipa shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Public Service. Without limiting the foregoing, fie.nipa shall have the right to remove any Content that violates the ToPS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by fie.nipa or submitted to fie.nipa.

You acknowledge, consent and agree that fie.nipa may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary.

You understand that the technical processing and transmission of the Public Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Rule of Law

You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Ghana or the country in which you reside.

8. Indemnity

You agree to indemnify and hold fie.nipa and its affiliates, officers, agents, employees and partners harmless from any claim or demand made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Public Service, your use of the Public Service, your connection to the Public Service, your violation of the ToPS, or your violation of any rights of another.

9. General Practices Regarding Use and Storage

You acknowledge that fie.nipa may establish general practices and limits concerning use of the Public Service. You agree that fie.nipa has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Public Service. You acknowledge that fie.nipa reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that fie.nipa reserves the right to modify these general practices and limits from time to time in order to provide a reasonable guarantee of quality.

10. Modifications to Public Service

fie.nipa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Public Service (or any part thereof) with or without notice. You agree that fie.nipa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Public Service.

11. Termination

You agree that fie.nipa may, under certain circumstances and without prior notice, immediately terminate your fie.nipa account, delete any associated personal information and contributed Content, and access to the Public Service. Termination of your fie.nipa account includes (a) removal of access to all offerings within the Public Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Public Service. Further, you agree that all terminations for cause shall be made in fie.nipa's sole discretion and that fie.nipa shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Public Service.

12. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Public Service are solely between you and such advertiser. You agree that fie.nipa shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Public Service.

13. Links

The Public Service may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that fie.nipa is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that fie.nipa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. fie.nipa's Rights

fie.nipa uses various technologies to provide the Public Service including proprietary and non-proprietary (free and/or open source) solutions. You acknowledge that fie.nipa's use of such technologies are in based on our judgment of their suitability for providing the Public Service but otherwise make no claims on behalf of such technologies. You also acknowledge that third-party content and technology are bound by their original legal provisions. fie.nipa reserves the right to place its own Content and Technology under the most appropriate legal provisions

15. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. FIE.NIPA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

FIE.NIPA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE FAST, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SUPPORTING TECHNOLOGIES WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIE.NIPA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOPS.

16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIE.NIPA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this ToPS, there shall be no third-party beneficiaries to this agreement.

18. Notice

fie.nipa may provide you with notices, including those regarding changes to the ToPS, by email, regular mail or postings on the Public Service.

19. Trademark Information

The fie.nipa logo, fie.nipa, and fie.nipa logo trademarks and service marks and other fie.nipa logos and product and service names are trademarks of fie.nipa (the fie.nipa Marks). Without fie.nipa's prior permission, you agree not to display or use in any manner the fie.nipa Marks.

20. General Information

Entire Agreement. The ToPS constitutes the entire agreement between you and fie.nipa and governs your use of the Public Service, superseding any prior agreements between you and fie.nipa with respect to the Public Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other fie.nipa services, affiliate services, third-party content or third-party technology.

Choice of Law and Forum. The ToPS and the relationship between you and fie.nipa shall be governed by the laws of the Republic of Ghana.

Waiver and Severability of Terms. The failure of fie.nipa to exercise or enforce any right or provision of the ToPS shall not constitute a waiver of such right or provision. If any provision of the ToPS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision, and the other provisions of the ToPS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your fie.nipa account is non-transferable and any rights to your fie.nipa ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Public Service or the ToPS must be filed within six (6) months after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in the ToPS are for convenience only and have no legal or contractual effect.

Violations. Please report any violations of the ToPS to violations @ fienipa . com.