Terms of Understanding & Conditions for Use of Services for PAAJAF
We at PAAJAF welcome you.
This document is an electronic record in terms of international Information Technology law and thus, this electronic record is generated by a computer system and does not require any physical or digital signatures.
PLEASE READ THE FOLLOWING TERMS OF UNDERSTANDING & CONDITIONS FOR USE OF SERVICES (HEREINAFTER REFERRED TO AS THE “TERMS” OR “TUCUS”) VERY CAREFULLY BEFORE AVAILING ANY SERVICE(S), AS ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT AND SHOWS YOUR ACCEPTANCE OF AND COMPLIANCE THEREWITH THE FOLLOWING TERMS AND CONDITIONS.
By availing any service through our online e-commerce portal you agree that you have read, understood and are bound by all the Clauses in the Terms and the Terms in entirety, regardless of how you purchase or use or delegate the services offered herein. If you do not want to be bound by the Terms, you must not purchase or avail or use our products/services.
- ORGANIZATION BRIEF
PAAJAF is a non-governmental organization (NGO) that focuses on providing:
Basic facilities (Food, shelter, clothing),
Information (Healthcare, Community building, Job training), and
Education for underprivileged and underserved children, youth and women;
Strength from Diversity — reflects the multicultural/multiethnic mix of PAAJAF’s staff, volunteers, and target populations. We operate in an environment in which individual differences are respected and enjoyed; we aim to harness our diversity of people, culture, and viewpoints to create opportunities and to strengthen performance.
Open Mindedness — reflects openness to change and new ideas, including ways to address regulatory issues and society’s changing expectations. We seek to be active listeners, genuinely considering others’ viewpoints, avoiding prejudice and prejudgment.
Motivational Spirit — reflects our ability to cultivate our activities and values within many challenging environments, as well as the confidence with which we pursue opportunities for success and strive for innovation
- GLOSSARY OF REFERENCES
- A. In these Terms, the following words and expressions are used in the following senses, unless contrary intention appears explicitly from the context:
- 1. “You” or “User” or “Buyer” or any other implicit term to such regard shall mean the End User accessing the Website & its contents and using the Service(s) offered or buying any product through the Website or by the provider(s) and proprietors of the Website.
- 2. “We”, “Us” and “Our(s)” shall mean Foundation owners, owners of the domain name www.PAAJAF.org, its proprietor, and partners only.
- 3. “Foundation” shall mean PAAJAF Foundation, P.O. Box ML 657, Mallam-Accra, Ghana. Contact at:[email protected]/ [email protected]
- 4. “Services” may mean inclusive of but not limited to, purchasing any product offered through the website like offering e-cards for sell, to be sent and/or printed, but not downloadable, in order to finance the activities of the organization, and any other services that are provided to the specific category of Users to whom this Website would cater to. In case of additional reference to the term ‘service(s)’ occurs, the same would be elaborated in that context.
- 5. “Service Provider” means independent third party service providers.
- ABOUT THE TUCUS
- A. PAAJAF.ORG website is an internet based e-commerce portal providing services and products, inclusive of but not limited to, a platform for freelance marketplace based on fixed price quoting and no bidding whatsoever, and any other services that are provided to the specific category of Users to whom this Website would cater to.
- B. Thereby by virtue of acceptance of charges for services offered, this Website is also an e-commerce portal for the Foundation incorporated under the laws of the Ghana.
- C. PAAJAF.ORG reserves the right to update the TUCUS at any time without notice to User. The most current version of the TUCUS can be reviewed by clicking on the “Terms of Understanding & Conditions for Use of Services” hypertext link located at the bottom of our Website’s Web pages.
- D. Use of the Website is offered to you conditioned on your acceptance without modification of any of and all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time.
- E. PAAJAF.ORG at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
- DESCRIPTION OF SERVICES
- A. PAAJAF.ORG is providing its Users the “Service(s)” that are currently inclusive of but not limited to, purchasing any product offered through the website like offering e-cards for sell, to be sent and/or printed, but not downloadable, in order to finance the activities of the organization, and any other services that are provided to the specific category of Users to whom this Website would cater to.
- B. The Foundation would be then entitled to receive the payment for such rendering of Services.
- C. The Foundation will update this section as convenient.
- A. The e-cards buyer and/or fundraiser would be required to sign up at PAAJAF as a member.
- B. The member would be allowed access to the relevant parts of the PAAJAF website, barring the administrative portal.
- C. For Fundraisers:
- PROCESS AND PROCEDURE
- D. For Buyers:
- 1. Buyers may choose from either e-card to print, e-card to send online, or both print and send online. The e-cards may either be animated or static depending on preferences given. The e-cards are available to be edited and personalized with the user’s message(s). The e-cards can be completely integrated into WordPress.
- 2. The e-cards ARE NOT DOWNLOADABLE. They may either be printed and/or sent online.
- 3. The Buyers of the e-cards shall pay a prescribed amount before they are enabled to use the cards.
- 4. Once the amount has been transacted as required, the buyer is eligible to use that e-card at any time.
- 5. For every distinctly classified e-card, the buyer would be required to transact the prescribed amount as attached to the description of the e-card.
- 6. All payments would be made by the use of Moneybookers. However, PAAJAF may enable usage and transaction through PAYPAL in the near future.
- A. This is a standard Agreement as per general principles of Contract Law and the User’s acceptance binds the User, irrevocably without any exception, to all the Clauses of these Terms and in entirety of the Terms.
- B. This Agreement, which incorporates by reference other provisions applicable to use of the Website, inclusive of but not limited to, supplemental terms and conditions set forth hereof governing the use of certain specific material contained in PAAJAF.ORG, sets forth the terms and conditions that apply to use of PAAJAF.ORG by User. By using PAAJAF.ORG (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof.
- C. The right to use PAAJAF.ORG is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
- D. PAAJAF.ORG shall have the right at any time to change or discontinue any aspect or feature of PAAJAF.ORG, including, but not limited to, content, hours of availability, and equipment needed for access or use.
- ACCEPTANCE OF “TERMS OF UNDERSTANDING & CONDITIONS FOR USE OF SERVICES”
- CHANGE IN TERMS
- A. PAAJAF.ORG shall have the right at any time to change, alter or modify the terms and conditions applicable to future registered User’s use of PAAJAF.ORG, or any part thereof, or to impose new conditions, inclusive of but not limited up to, adding new services and/or charges for use.
- USER ACCOUNT, PASSWORD, AND SECURITY
- A. If, and as it may, require that any of the Services on the Website must need you to open an account, you must complete the registration process of the same by providing PAAJAF.ORG with current, complete and accurate information as prompted and requested for by the applicable registration form or page.
- B. You will also have to designate a password and user name. Upon completion of the Website’s registration process, you will receive the password and account designation, as put forth by you and as it shall be on availability.
- C. 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.
- D. You agree to:
- 1. Immediately notify PAAJAF.ORG of any unauthorized use of your password or account or any other breach of security, and
- 2. Ensure that you exit from your account at the end of each session.
- E. PAAJAF.ORG will also not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
- F. However, you could be held liable for losses incurred by PAAJAF.ORG or another party due to someone else using your account or password.
- G. PAAJAF.ORG cannot be held and will not be liable for any loss or damage arising from your failure to comply with Clause VIII. D. 2.
- H. You may not use anyone else’s account at any time, without the permission of the account holder.
- A. Use of the Website is available only to persons who can form legally binding contracts under the Universal Commercial Code. Persons who are “incompetent to contract” within the meaning of the general principles of contract law including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and, purchase any items on the Website. As a minor if you wish to purchase an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. PAAJAF.org reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years.
- B. Guest User: If in case you are transacting as a Guest User, you shall not be allowed to list/ sell product or services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you, as described in.
- A. You agree and undertake not to reverse engineer or to modify, decipher, decompile or disassemble the Website, or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- B. Limited reproduction and copying of the content of the Website is permitted provided that PAAJAF.ORG’s name is stated as the source and prior written permission of PAAJAF.ORG is sought.
- C. Unlimited or extensive or wholesale reproduction or copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information with respect to the content of the Website is not permitted.
- A. You shall use PAAJAF.ORG for all lawful purposes only.
- B. You shall not store, post, or transmit through PAAJAF.ORG any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PAAJAF.ORG’s express prior approval, contains advertising or any solicitation with respect to products or services. PAAJAF.ORG, as a policy and technicality, never views any of the information stored on its system.
- C. PAAJAF.ORG contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PAAJAF.ORG are copyrighted as a collective work under the copyright laws of Ghana, and world conventions with respect to intellectual property, like the Agreement for Trade Related Aspects of Intellectual Property Rights (TRIPS), etc to name a few; and by virtue of Ghana being a Member State of the World Intellectual Property Organization (WIPO), is also subject to Berne Convention, Hague Agreement, Madrid Protocol, Paris Convention, Patent Cooperation Treaty, Washington Treaty, WIPO Convention and WIPO Copyright Treaty, being in force by instruments of accession or ratification..
- D. PAAJAF.ORG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only.
- E. Except, and until, as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PAAJAF.ORG, and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
- F. You also acknowledge that the same does not acquire any ownership rights by downloading copyrighted material.
- G. You shall not upload, post or otherwise make available on PAAJAF.ORG any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you.
- H. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
- I. The abovementioned sections of Clause XI are for the benefit of PAAJAF.ORG, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- MEMBERSHIP ELIGIBILITY
- EXTENT OF USE OF THE WEBSITE IS LIMITED
- RULES WITH RESPECT TO USER CONDUCT
- RULES WITH RESPECT TO USE OF SERVICES:
- A. You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. Merely by way of example, and not as a construed limitation, you agree and undertake that when using a Service, YOU WILL NOT:
- 1. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- 2. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- 3. upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
- 4. upload or distribute files that contain viruses, corrupted files, not introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or any other similar software or programs that may damage the operation of the Website or another’s computer;
- 5. conduct or forward surveys, contests, pyramid schemes or chain letters;
- 6. attack the Website via a denial-of-service attack or to distribute a denial-of service attack;
- 7. download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 8. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- 9. violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- 10. violate any applicable laws or regulations for the time being in force in or outside USA; and
- 11. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- B. You agree, undertake and confirm that your use of PAAJAF.org shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information:
- 1. belongs to another person and to which You do not have any right to;
- 2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- 3. misleading in any way;
- 4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- 5. harasses or advocates harassment of another person;
- 6. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- 7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- 8. infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
- 9. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- 10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- 11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- 12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- 13. contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian);
- 14. tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- 16. solicits gambling or engages in any gambling activity which PAAJAF.org, in its sole discretion, believes is or could be construed as being illegal;
- 17. interferes with another user’s use and enjoyment of the PAAJAF.org Website or any other individual’s user and enjoyment of similar services;
- 18. refers to any website or URL that, in the sole discretion of PAAJAF.org, contains material that is inappropriate for the PAAJAF.org Website or any other Website, contains content that wo