Terms and Conditions

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Thank you for using www.votinghubgh.com.com , The Site and Services accessed through the Site (“Services”) are owned and operated by Apptechhub Global Limited. The terms “votinghubgh.com”, “we”, “our”, and “us” refer to the Site, Apptechhub Global Limited and our affiliates.

Please read these Terms of Use carefully. These Terms govern your use of the Site and our Services.  By accessing our Services or any information, content or materials available through the Site, you agree to be subject to these Terms.  If you do not agree to any of these Terms, you may not use our Services and you must discontinue your use of our Site.

To contact us, please visit our Contact page.

1. About Us

We provide an online platform as a service (PaaS) that enable individuals and organizations to run voting events.

2. Privacy Policy

When you agree to these Terms, you are also agreeing to our Privacy Policy which can be found here

3. How It Works

Users of our online platform are either “Administrators, and/or Event Organizers” or “Participants.”  “Administrators” are the individuals or organizations who create the voting events.  Administrators use our platform through a separate Services Agreement.  Organizations or individuals who vote by casting ballots (“Ballots”) are “Participants”.  Participants pay a fee to cast ballots by buying a voting bundle. Administrators or Event Organizers must sign a separate Services Agreement for an account.

4. License

Subject to these Terms, you are granted a non-exclusive, non-transferable, limited license to access and use our online platform as a service (PaaS), as agreed and signed by both parties on a separate Services Agreement.

5. Who Can Use Our Services?

You may not use our Services if you are:

·       A minor under the age of 18. None of our Services is intended for use by individuals less than 18 years old. If you are under 18 years old or do not have the power to form a contract with votinghubgh.com, you may not use our Services. We recommend that parents and guardians directly supervise any use of our Services by minors.  If you are located in the EU and US, and are under the age of 16 and 13, your parent or the authorized holder of parental responsibility must consent to your use of our Services.

·       Barred by law. You may only use our Services if you are not prohibited by any applicable laws from doing so. If you are located in a country embargoed by Ghana or other applicable law from receiving our Services or are on the Entity List, you are not permitted to purchase any paid Services from votinghubgh.com.

·       A competitor. You may not use our Services, without our prior written consent, if you are a competitor of votinghubgh.com or affiliated with a competitor of ours, as determined by us, in our sole discretion.

·       A robot or using a program. All access to and use of our Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of our Services is strictly prohibited. Notwithstanding the foregoing, and solely with respect to a single sign on exception, votinghubgh.com grants the operators of public search engines permission to use spiders to index materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Votinghubgh.com reserves the right to revoke these exceptions either generally or in specific cases. You may not collect or harvest any personally identifiable information, including account names, from our Services, nor use the communication systems provided by our Services (e.g., comments, email) for any commercial purposes. You may not solicit, for commercial purposes, any users of our Services with respect to their Content.

6. Payments Term, Cancellation and Refund Policy

·      Payment processing services are provided by Hubtel (https://hubtel.com/) in Ghana and the terms and conditions (https://hubtel.com/legal/terms/) of those services will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies (https://hubtel.com/legal/privacy-policy/) and not ours.

·             CANCELLATION

Fraudulent transactions are immediately cancelled after being detected by our payment processing company. To protect votinghubgh.com and its clients against chargeback related issues, any active sale associated with the same fraudulent credit card will also be cancelled.

You should be aware that receipt of payment to your voting service does not necessarily mean that these transactions cannot be reversed. We (our payment processing company) reserve the right to reverse a payment in case the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to chargeback or otherwise reverse) an upload or other payment which was used to fund the payment to you. You will have to provide a valid receipt to enable us fight the chargeback and will be notified promptly before such action takes place.

·             REFUNDS

Subject to applicable law:

·      All transactions done on votinghubgh.com are final and any requests for refunds are subject to review

·      For certain transactions, votinghubgh.com may refund any convenience fees associated with the payment upon review and investigation with payment partners or processor.

·      Votinghubgh.com will not be liable for any damages whatsoever resulting from a wrong transaction

·      Votinghubgh.com may pass on any costs incurred for conducting a refund to event organizers or administrator(s).

 

Where required by law, refunds associated with certain transactions may be eligible for different treatment.

RIGHT TO REFUND

You, the customer, are entitled to request a refund of your payment as the result of this agreement if the service being paid for is not received/delivered from votinghubgh.com. If you want a refund, you must email Apptechhub Global Limited via support@votinghubgh.com or deliver your written request to Apptechhub Global Limited at our registered office.

All refund requests will be dealt with high priority, and once reviewed and approved will be returned back to the original source of payment (eg. Mobile money account, or bank card)

Votinghubgh.com does not normally provide refunds for transactions performed through our site. However, under exceptional cases we will work with the payment processing company to review your particular circumstance to address any issues you raise.

Votinghubgh.com keeps detailed logs of all transactions that take place. Votinghubgh.com will conduct a detailed investigation of all refund requests for its services. In cases where it is possible to "return" the services already paid we will endeavor to process a return.

ADDITIONAL RIGHTS

Nothing in our refund policy infringes on your rights to contest the decisions of your refund request by votinghubgh.com through your payment brand's refund/chargeback process.

Votinghubgh.com is fully compliant with each of the payment brands policies. It should be noted, however, that by using votinghubgh.com you are subject to the terms and conditions of our service.

·    Rates. Our current bundle rates are listed on our website, when voting for a nominee of a particular category to select from.

·    Taxes. Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the payment for our Services (collectively, “Taxes”) and must pay votinghubgh.com without any reduction for Taxes

7. Your Content

Any “Content” (defined below) you submit to votinghubgh.com (including personal data and the personal data of others), and including text, graphics, photos, documents, video and audio recordings, to be used with our Services is subject to these Terms and the following conditions:

·       Privacy. We know that by providing us your Content, you trust us to treat it appropriately. Votinghubgh.com’s Privacy Policy describes how we will treat your Content and personal data. You in turn agree that votinghubgh.com may use and share your Content in accordance with our Privacy Policy and these Terms.

·       Confidentiality. Votinghubgh.com will treat your Content as confidential information and only use and disclose it in accordance with our Privacy Policy and these Terms.  However, your Content is not confidential if it: (a) is or becomes public (other than through a breach of these Terms by votinghubgh.com); (b) was known to votinghubgh.com before receiving it from you; (c) is received by votinghubgh.com from a third party; or (d) was independently developed by votinghubgh.com. You understand that votinghubgh.com does not guarantee any confidentiality with respect to any Content you submit.

·       Authority. You shall be solely responsible for your Content and the consequences of uploading, submitting and publishing your Content with respect to our Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish your Content; and

·       License. You retain the ownership rights in your Content. However, by submitting such Content to votinghubgh.com, you hereby grant votinghubgh.com a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, the Content, including any logo, in connection with our Services and votinghubgh.com’s (and its successors’ and affiliates’) business, including without limitation for promoting, marketing and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels.

·       Copyrighted material. Content you submit to our Services may not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant votinghubgh.com all of the license rights granted herein. Votinghubgh.com does not permit copyright infringing activities and infringement of intellectual property rights on our Services, and votinghubgh.com will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Votinghubgh.com reserves the right to remove Content without prior notice. To notify us of a copyright violation, please go here.  To notify us of a trademark violation, please email us at trademarkhelp@votinghubgh.com. Votinghubgh.com reserves the right to remove Content without prior notice for any reason whatsoever.

·       Prohibited content. You may not submit any Content or other material, or encourage others to act in a manner, that is: 

o   Illegal. Violates applicable local, national, and international laws and regulations.

o   Infringe. Infringes upon another person or entity’s copyright or intellectual property rights.

o   Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by votinghubgh.com, in votinghubgh.com’s sole discretion.

·       No endorsement. Votinghubgh.com does not endorse any Content submitted by any user, third party or other licensor, or any opinion, recommendation, or advice expressed therein, and votinghubgh.com expressly disclaims any and all liability in connection with such Content.

·       No pre-screening. Votinghubgh.com does not review or pre-screen the contents of electronic data uploaded or posted to our Services by users.

8. Third Party Content

Our Services may contain links to third party websites that are not owned or controlled by votinghubgh.com.  Votinghubgh.com has no control over, and assumes no responsibility for the Content, privacy policies, or practices of any third party websites. In addition, votinghubgh.com will not and cannot censor or edit the Content of any third-party site. Votinghubgh.com shall have no liability arising from your use of any third-party website. You understand that when using our Services, you may be exposed to Content from a variety of sources, and that votinghubgh.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you waive, any legal or equitable rights or remedies you have or may have against votinghubgh.com with respect thereto, and, to the extent permitted by applicable law, indemnify and hold harmless votinghubgh.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent permitted by law regarding all matters related to your use of our Services.

9. Prohibited Acts

·       Reproduce or resell. Reproduce, duplicate, copy, sell, resell or exploit access to our Services, including, but not limited to the HTML or any visual design elements without the express written consent of votinghubgh.com.

·       Tamper. Modify, reverse engineer, decompile, adapt or otherwise tamper with our Services or modify another website so as to falsely imply that it is associated with our Services, votinghubgh.com, or any other software or service provided by votinghubgh.com.

·       Interfere. Interfere with, disrupt or attempt to interfere or disrupt our Services, our domains, websites, servers, networks, services or other equipment connected to our Services.

·       Infringe. Use our Services in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms.

·       Send spam. Use our Services to upload, post, host, or transmit unsolicited bulk e-mail “Spam”.

·       Install malware. Use our Services to upload, post, host, or transmit viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.

·       Harm minors. Harm minors in any way.

·       Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

·       Violate the law. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to international human rights or privacy laws, regulations or principals.

·       Promote terrorism. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Ghana government as a foreign terrorist organization pursuant to Immigration and Nationality law.

·       Store certain data. Collect or store personal data about other users in a manner that is prohibited hereunder; or is in connection with the prohibited conduct and activities set forth hereunder.

·       No disabling security features. You may not circumvent, disable or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Services or the Content therein.

10.    Our Copyright and Intellectual Property Rights

Our Services are protected by the copyright laws of Ghana and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to these Terms, all ownership, license, intellectual property and other rights and interests in and to our Services shall remain solely with votinghubgh.com.

·       Trademarks. The Services and Content, trademarks, service marks and logos (“Marks”) on our Services, are owned by or licensed to votinghubgh.com, and are subject to trademark and other intellectual property rights under the law.

·       Intended use only. You may access the votinghubgh.com website for your informational use solely as intended through the provided functionality of our Services and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the votinghubgh.com website, its Content, or our Services for any other purposes without the prior written consent of votinghubgh.com or the respective licensors of the Content. Votinghubgh.com and its licensors reserve all rights not expressly granted in and to our Services.

11.    Account Management

·       Keep your password secure. If you have been issued an account by votinghubgh.com in connection with your use of our Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not votinghubgh.com, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you must notify votinghubgh.com immediately. Accounts may not be shared and may only be used by one individual per account. You must exit your account at the end of each session.

·       Keep your details accurate. When you register for an account, you must provide data about yourself, Company or organization including but not limited to, your email address, and, where applicable, your contact details, company registration certificate and payment details (“Registration Data”). You must keep your Registration Data current, complete and accurate.  If you provide Registration Data that is untrue, inaccurate, not current or incomplete, or if votinghubgh.com has reason to believe that your Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account.

 

12.    Cancellation and Termination

·       Duration of license and account inactivity. The duration of your license (how long you can use our Services) is set forth on the separate Service agreement. Votinghubgh.com may terminate your account and delete any Content contained in or make it in accessible after 3months of the service duration elapsed.

·       Misuse. If you misuse our Services or otherwise do not comply with these Terms, votinghubgh.com, in its sole discretion, has the right to cancel, or terminate our Services or your account at any time, without prior notice to you, and pursue any other remedy legally available to it.  Votinghubgh.com reserves the sole and exclusive right to decide whether or not you are in compliance with these Terms.

·       Other reasons. Additionally, votinghubgh.com reserves the right to cancel or terminate your use of Services or your account for the following additional reasons:

o   If requested by law enforcement, court order or other judicial process;

o   If votinghubgh.com makes a material alteration or modification to an votinghubgh.com application/API;

o   If an unexpected technical or security issue arises;

o   If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of votinghubgh.com; or

o   For any reason, if votinghubgh.com, in our sole discretion, believes it to be in votinghubgh.com’s best interest to do so.

13.    Disclaimers and Limitations

This Section includes important disclaimers and limitations on votinghubgh.com’s liability.

THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY

·       As is. To the maximum extent permitted by law, our Services are provided entirely "as is," without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed, and you hereby waive all such warranties.

·       No warranty. No advice or information, whether oral or written, obtained by you from votinghubgh.com or through or from the votinghubgh.com applications shall create any warranty not expressly stated in these Terms.

·       Limitation of liability. In no event shall votinghubgh.com, our officers, directors, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to you or any party for any direct, consequential, incidental, special or other indirect (including without limitation, cost of cover) damages, loss or injury arising out of or in connection with these Terms, our Services or any services, content or other materials provided or available hereunder, or use of any other links or linked websites, even if we are expressly advised of the possibility of such damages, and regardless of whether such damages arise in contract, tort (including without limitation negligence), strict liability or other legal basis.

·       Damages. The term "damages" includes, without limitation, attorneys’ fees, lost profits, physical and/or personal injury, business interruption, and loss of programs or other data on you information handling system. You agree and acknowledge the economic terms of these Terms fairly and equitably reflect the foregoing allocation of risk and such allocation of risk is a material inducement for us to make our Services website and other content and materials available to you.

14.    Changes and Updates

·       Changes to Services. We regularly update our Services. Votinghubgh.com may add, alter, or remove functionality or features from our Services at any time without prior notice. Votinghubgh.com may also limit, suspend, or discontinue our Services at our discretion. If votinghubgh.com discontinues our Services, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from our Services. Votinghubgh.com may remove Content from our Services at any time in its sole discretion, although votinghubgh.com will endeavor to notify you before it does so if it materially impacts you and if practicable under the circumstances.

·       Changes to Terms. Votinghubgh.com may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. Changes will be effective the day they are posted here. If you do not want to agree to any changes made to these Terms, you must immediately discontinue using our Services, because by continuing to use our Services you indicate your agreement to be bound by the updated terms.

15.    Maintenance

Votinghubgh.com reserves the right to temporarily suspend access to our Services for any reason it deems necessary, including, but not limited to, maintenance, repairs or installation of upgrades, and we will, if practicable, provide notice prior to any such suspension.

16.    Dispute Resolution

·       Arbitration. You submit to binding arbitration in the event of a dispute, controversy or claim ("Claim") arising out of or in connection with our Services, these Terms and votinghubgh.com’s Privacy Policy.  The arbitration will be held in Ghana before one arbitrator on an individual basis and not as a class action. You and votinghubgh.com shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless the arbitrator awards such fees to the prevailing party.

·       No Class Action. If a claim is arbitrated, you give up your right to participate as a class representative or member for any claim you may have against votinghubgh.com, including any right to class arbitration or any consolidation of individual arbitrations or to bring or participate in a class action as set forth in any state statute.

·       No Jury Trial. You expressly waive your right to a jury trial.

·       Arbitrator’s Decision Final. The arbitrator's award is final and binding on all parties. The Ghana Arbitration Act and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 17 of these Terms shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

·       Injunctive Relief. Notwithstanding the terms of this Section 15, if you violate or threaten to violate votinghubgh.com’s intellectual property rights, votinghubgh.com may seek injunctive or other appropriate relief in any court in Ghana, and you consent to exclusive jurisdiction and venue in such courts.

 

17.    Choice of Law, Forum, and Venue

The laws of Ghana, without giving effect to its conflict of laws principles, govern all matters arising out of or related to these terms and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.  If Section 15 is found not to have legal affect by any court with jurisdiction over these Terms, jurisdiction over actions arising out of or related to these Terms, and jurisdiction over votinghubgh.com, then if you bring a legal action or proceeding against votinghubgh.com arising out of or related to these Terms, you may only bring such action or proceeding in Ghana Court.

18.    Terms for Certain Customers and Countries

The Sites and Services are controlled and operated from within Ghana. Votinghubgh.com makes no representation that the Sites and Services will comply with laws of locations outside of the Ghana. Those who choose to access the Sites or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.

19.    Miscellaneous

·       Language. These terms were prepared and are written in English. To the extent any translated version conflicts with the English version, the English version controls, except to the extent prohibited by any applicable law.

·       Content. As used herein, the term “Content” shall include text, software, scripts, graphics, logos, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials. This Content may be created by us, you or a third party.

·       Transmission of Data. Votinghubgh.com may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our Services. The technical processing and transmission of data associated with our Services, including Content, may be transmitted unencrypted and involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.

·       Severability and Waiver. Votinghubgh.com’s failure to exercise or enforce any of these Terms shall not constitute a waiver of the Terms. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, such court should endeavor to give full effect to the parties’ intentions as reflected in these Terms, and the remainder of these Terms remain in full effect.  The failure of votinghubgh.com to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

·       Entire Agreement. These Terms constitute the entire agreement between you and votinghubgh.com and govern your use of our Services, superseding any prior agreements between you and votinghubgh.com (including, but not limited to, any prior versions of the Terms).

·       No Assignment. You may not assign your rights or delegate your duties under this license to access our Services without the prior written consent of votinghubgh.com.

·       Indemnification. You agree to indemnify and defend votinghubgh.com and our subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney’s fees and costs, made by any third party due to or arising out of your use of our Services.

·       Persons other than individuals. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.

 

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