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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Upon termination of these Terms, your payment obligations will survive.
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.
Arkesel welcomes your questions or comments regarding the Terms:
Arkesel Company Limited
Email Address:
[email protected]
Effective as of September 21, 2020