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Terms & Conditions

General Terms and Conditions of Use

  1. Introduction

1.1 This website and App ("our Website") promotes the business referred to on it. In these conditions, the business will be referred to as 'we' and/or 'our'.

1.2 Use of our Website or App is on the following terms (the " Terms of Use"). If you do not agree to these Terms of Use, please stop using our services immediately. By accessing and using our Website and or App, you are indicating your acceptance to be bound by these Terms of Use. They are a legal agreement between you and us and can only be amended with our consent. They should be read in conjunction with any details provided on our Website and or App about how our Website and App operates and the services which are available, including our Privacy & Cookie Policy and Trading Terms (if applicable).

1.3 We reserve the right to change these Terms of Use from time to time as per business needs without prior notice to you.

  1. Accessing and using our Website or App

2.1 We cannot guarantee that our website or App will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our website or App and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt our website and App or any computer system, server, router or any other internet-connected device.

2.2 You are responsible for ensuring that your computer and mobile system meets all relevant technical specifications necessary to use our website or App and is compatible. You also understand that we cannot and do not guarantee or warrant that any content on our website or App will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.

2.3 From time to time, we may restrict access to certain features or parts of our website and App, or our entire system, to users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us to you at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

2.4 We reserve the right, in our discretion, to withdraw, suspend or modify our website and App or certain features or parts of them with or without notice to you, where we have reason to do so. There may also be times when our website or App or certain features or parts of our Website and App become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our services.

  1. Using our Website

3.1 You must use our Website and the information available from our Website responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

3.2 You cannot use our Website or App: for any unlawful purpose; to send spam; to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion and by laws of Ghana) offensive or is unacceptable or damaging to us, our customers, suppliers or partners; to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists; to tamper with, update or change any part of the website or App; in a way that affects its function; in a way that imposes an unreasonable or disproportionately large burden on us or our partners' communications and technical systems as determined by us; or using any automated means to monitor or copy our Website or App or its content or to interfere with or attempt to interfere with how our Website and App works.

Intellectual property rights

4.1 All content on our Website and App including but not limited to text, software, photographs, and graphics are protected by copyright. We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement, and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms of Use, nothing in these Terms of Use shall give you any rights in respect of any intellectual property owned by us or our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit our name, trademarks, logos or other proprietary marks, or any of the content of our Website and App, in whole or in part, except as provided in these Terms of Use.

  1. If you provide content for our Website

5.1 If you provide any material to our Website or App (for example, by providing ratings and reviews, comments, articles or uploading any other content in any format (including video) (each "User Content") you agree to grant us permission, irrevocably and free of charge, to use the User Content (including adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research, and promotional activities and our internal business purposes which may include providing the User Content to selected third-party partners, service providers, social media and networking websites.

5.2 You DO NOT own any right whatsoever on any content you provide to our website or app either solicited or unsolicited.

5.3 By providing any User Content to our Website or App you confirm that such User Content: is your own original work or you are authorized to provide it to our Website and App and that you have the right to give us permission to use it for the purposes set out in these Terms of Use; will not contain or promote anything illegal, harmful, misleading, abusive, defamatory, disrespectful, discomforting, distressing and insensitive to you  (that is, it does not damage someone's good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute; does not take away or affect any other person's privacy rights, contract rights or any other rights; does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our Website; will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly; and will not contain any form of mass-mailing or spam.

5.4 If you do not want to grant us the permissions set out above, please do not provide any material to our Website or App.

5.5 We have no obligation to publish your User Content on our Website or App and we retain the right to remove any User Content at any time and for any reason.

5.6 We do edit, pre-vet, and or review any User Content displayed on our Website or App. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately (info@portaprep.com). We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

  1. Our liability

6.1 Although we hope our Website and App will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Website and App or its content, to the fullest extent such liability can be excluded by law.

6.2 We are not liable to any loss of life, loss of property and or injuries that may occur through your use or access of our services because of our negligence.

6.3 Under no circumstances will we, the owner or operator of our Website and or App, or any other organization be involved in creating, producing, maintaining, or distributing our Website and or App be liable, whether in contract, tort (including negligence), breach of statutory duty, even if foreseeable, for any loss of profits, sales, business, or revenue; business interruption; anticipated savings; business opportunity, goodwill or reputation; use of, or corruption to information; or Information.

6.4 If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of the use of, or inability to use, our Website and App; not being able to use the website and or the App; use of or reliance on any content displayed on our Website and App; any mistake, fault, failure to do something, missing information, or virus on our Website and App or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control; theft, destruction of information or someone getting access to our records, programs or services without our permission; or goods, products, services or information received through or advertised on any website which we link to from our Website.

General

7.1 Where our website and or App contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

7.2 Any formal legal notices should be sent to us using the details as follows: info@portaprep.com

7.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms of Use.

7.4 If any part of these Terms of Use is found to be unenforceable as a matter of law, all other parts of these Terms of Use shall be unaffected and shall remain in force.

  1. Governing Law and Jurisdiction

8.1 These conditions make up the whole agreement between you and us in how you use our Website and or app. If a court of competent jurisdiction situated in Ghana within the law courts complex in Accra decides that a condition is not valid, the rest of the conditions will still apply.

8.2 The laws of Ghana apply to your use of our Website and App and these conditions. We control our Website and or App content and functions from and within Ghana. However, you can get access and use to our Website and or App from other places of the world. We acknowledge these places may have different laws from the laws of Ghana, by accessing and using our Website and App you agree that the laws of Ghana apply to everything relating to you accessing and using our Website and or App and you agree to keep to these laws. We reserve the right to take legal action against you in the court of the country of your residence.

8.3 If you have any cause to take legal action against us, this can only be done at Accra High Court within the law complex building in Accra only and not any other court within or outside Accra.

  1. How to contact us

9.1 If you experience problems with the access and use of our Website and App or would like to comment on it, please feel free to contact us by using the details as follows: info@portaprep.com or call +233267720138.

 

If you're not satisfied with our response to any inquiries or complaint or believe our processing of your personal data does not comply with data protection Act 843 2012, you can make a complaint to the Data Protection Commissioner's Office (DPCO) by:

 

Writing to: Data Protection Commissioner's Officer,

 4th Floor, Ramia House. No. E1 35/2.

Kojo Thompson Road, Adabraka, Accra.

P.O.Box CT7195, 

+233-(0)30 2222 929.

 DPCO's website at: https://www.dataprotection.org.gh/contact 

© All rights reserved, September 2020.

Our Defamation, Copyright, and Trademark Infringement Policy

Respecting Your Legal Rights

As a responsible business – Portable Preparation (PortaPrep) we support the protection of your reputation and the protection of your intellectual property rights. We edit, pre-vet, and review all third-party material(s) especially regarding but not limited to comments, suggestions, videos, authored, written, transcribed, posted, displayed, etc., etc. on our website. We also operate a notice and takedown procedure regarding any material provided to our website. In furtherance of this policy, we have established the procedures below to report any items that you believe defame you, disrespect you, discomforts you, distresses you, insensitive to you, or constitute copyright or trademark infringement.

 Upon receipt of appropriate notification as set forth herein, where we deem it appropriate, we will take down or disable access to the material that is claimed to be infringing. Please be aware that providing false or misleading information in the notification of claim may result in civil and/or criminal liability.

Notice and Procedure for Making Claims of Defamation

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOU BELIEVE YOU HAVE BEEN DEFAMED, DISTRESSED, DISRESPECTED, DISCOMFORTED, INSENSITIVE, AND DEMEANED BY CONTENT ON OUR WEBSITE AND OR MATERIALS. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

If you believe that any content on this website contains statements that are defamatory to you, disrespects you, discomforts you, distresses you, insensitive to you please email: info@portaprep.com 

 

If you believe that you have been defamed, disrespected, discomforted, distressed, insensitive to, your written notification must include the following:

  1. Your contact information including your name, postal address(es), telephone number, email address(es), and occupation if applicable;
  2. Identification of the content and the location of the content on our website and/or material(s) (where possible, cut and paste in your written notification all content that you believe is defamatory, disrespectful, discomforting, distressing, and insensitive to you) that you believe is defamatory, disrespectful, discomforting, distressing and insensitive to you  and state why you believe it is defamatory, disrespectful, discomforting, distressing, insensitive to you ;
  3. A statement as to why the defamatory, disrespectful, discomforting, distressing, insensitive content is untrue and the extent that it is damaging to you;
  4. A good faith statement, submitted under the penalty of perjury, that the information provided by you in the notification is accurate and true.

Notice and Procedure for Making Claims of Copyright Infringement

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED UPON. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

If you believe that your copyright has been infringed upon on this website, a written notification must be submitted to the following:

info@portaprep.com 

To be effective, the notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that locate the material;
  4. Information reasonably sufficient to permit us to contact you, such as an address(es), telephone number, and if available, an electronic mail address(es) at which you may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice and Procedure for Making Claims of Trademark Infringement

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US THAT YOUR TRADEMARK MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

If you believe that any content on this website has infringed your trademark, please write to us at info@portaprep.com 

If you believe that your trademark has been infringed, your written notification must include the following:

  1. Identification of the trademark or trademarks claimed to have been infringed, including the trademark registration number if applicable;
  2. Identification of all the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Information reasonably sufficient to permit us to contact you, such as an address(es), telephone number, and if available, an electronic mail address(es) at which you may be contacted;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the Trademark owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the trademark that is allegedly infringed.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

If you're not satisfied with our response to any inquiries or complaint or believe our processing of your personal data does not comply with data protection Act 843 2012, you can make a complaint to the Data Protection Commissioner's Office (DPCO) by:

 

Writing to: Data Protection Commissioner's Officer,

 4th Floor, Ramia House. No. E1 35/2.

Kojo Thompson Road, Adabraka, Accra.

P.O.Box CT7195, 

+233-(0)30 2222 929.

 DPCO's website at https://www.dataprotection.org.gh/contact

 

© All rights reserved, June 2021.