Our Terms and Conditions

Introduction

In these Terms of Service (hereafter “Agreement” or “Terms”), “we,” “us,” “our” or “Arkesel” will refer collectively to Arkesel Ltd and its affiliates. The terms “you,” “your” and “Customer” will refer to you. To be eligible to register for a customer account to use the Services, you must review and accept these Terms by clicking on the “I Accept” checkbox or other mechanism provided. If you are registering for a customer account to use the Services on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Arkesel that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “Customer” will refer to that organization). The exception to this is if that organization has a separate written agreement with Arkesel covering the use of the Services, in which case that agreement will govern such use.

When we refer to the “Services” in these Terms, we mean to include all products and services that Arkesel offers.

Your use of our services constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

Eligibility

Our Services are intended to be used in business-to-business, consumer-to-consumer and business-to-consumer communications. No person under the age of eighteen (18) years shall have the right to use Our Services. By using Our Services, you represent and warrant that You are at least eighteen (18) years of age and that Your use of the Services does not abuse Our system or violate the Agreement. Your uploads may be deleted, and Your subscription may be terminated without notice if We have reason to believe that You are under eighteen (18) years of age or abuse or have the intention to abuse our system or violate the Agreement or any law.

Service Pricing

To the extent the Services are made available for a fee, you agree to pay all applicable fees. Our current fee schedule for our priced plans are set forth here: https://arkesel.com/pricing. Arkesel reserves the right to increase or add new fees to any of its Services without advance notice. Your continued use of the Services after a price change becomes effective constitutes your agreement to pay the changed amount. All fees payable by you are exclusive of applicable taxes and duties, including, without limitation, VAT and applicable sales tax.

We may specify the manner in which you will pay any fees, any penalties or charges, fines, that Arkesel may have been charged by a carrier or any other government/regulatory agencies. All payments must be made in advance unless otherwise agreed in a written agreement signed by authorized representatives of the parties. You warrant that you are authorized to use any credit/debit card or payment account for the payment for the use of our services.

Your Account

If you use our Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Arkesel is not responsible for third party access to your account that results from theft or misappropriation of your account. Arkesel and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Refund of payment

All purchases are final, and all payments made or accrued are non-refundable. Also, if Your account is terminated due to Your breach of the Agreement, no payment will be refunded.

No Unlawful or Prohibited Use/Intellectual Property

You agree to use our services only for lawful purposes and that you are responsible for your use of communications and content you share via the Arkesel platform. You agree not to use the Services to offer any services for any unlawful purposes. You agree not to post on or transmit through our services any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, regional, national or international law. You agree not to use these Services in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Services.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Arkesel or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part of our services. Arkesel content is not for resale. Your use of our services does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Arkesel and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Arkesel or our licensors except as expressly authorized by these Terms.

Additionally, the following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate behaviour while using our services.

Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a security or service risk to Arkesel, to any user of our Services, or to any of our or their respective customers.
Testing or reverse-engineering the Services in order to find limitations, vulnerabilities or evade filtering capabilities.
Using the Services in any manner that may subject Arkesel or any third party to liability, damages or danger.
Using the Services in any manner that violates any applicable third party policies or requirements that Arkesel has communicated to you.
Using the Services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
Engaging in fraud with respect to your account, including using any caller or Sender ID functionality of the Services to misrepresent the identity of a caller or organization.
Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
Using any of the Arkesel Properties or Arkesel Marks other than as expressly permitted.
Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
Using the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
Using Arkesel SMS in a manner that is not designed to enhance or augment the person-to-person nature of SMS communications.
Promoting or engaging in illegal activities.
Engaging in activities or transmitting through the Services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
Using the Services, or a component of the Services, in a manner not authorized by Arkesel.

Indemnification

You agree to indemnify, defend and hold harmless Arkesel, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Arkesel reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Arkesel in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Arkesel agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ARKESEL COMPANY LIMITED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARKESEL COMPANY LIMITED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ARKESEL COMPANY LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Arkesel reserves the right, in its sole discretion, to terminate your access to our services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Ghana and you hereby consent to the exclusive jurisdiction and venue of courts in Ghana in all disputes arising out of or relating to the use of our services. Use of our services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arkesel as a result of this agreement or use of our services. Arkesel’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Arkesel’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of our services or information provided to or gathered by Arkesel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Arkesel with respect to our services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Arkesel with respect to our services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Electronic Communications

Visiting www.arkesel.com or sending emails to Arkesel constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing.

Survival

Upon termination of these Terms, your payment obligations will survive.

Changes to this Statement

We reserve the right to change any of the terms of the Agreement by posting the revised Agreement on Our Website and/or by sending an email to the last email address You have given Us. The most current version of the Terms will supersede all previous versions. Arkesel encourages you to periodically review the Terms to stay informed of our updates.