Terms and conditions

Last modified, Agust 10, 2017.

These Terms and Conditions govern our relationship with users and others who interact with BiomassNet and its services. By using BiomassNet Services, you agree to these Terms and Conditions.

Help and Information

Do you have questions regarding the use of BiomassNet? Please visit our FAQ page and see if your question can be resolved there. If not, please contact: contact@biomassnet.org.

Overview

  1. General
  2. Disclaimer
  3. Storage of information
  4. Notice and take down
  5. Misuse of the Service
  6. Usage of information
  7. Copyright and other Intellectual Property Rights
  8. Trademarks and Service Marks
  9. Applicable Law
  10. Dispute Resolution
  11. Salvatorius Clause

1.    General

1.1 BiomassNet is an online expert network and service, “the Service”, operated and provided by the Forum for Agricultural Research in Africa, FARA, Accra, Ghana (see Contact for detailed information), “the Provider”.

1.2 These Terms and Conditions are an agreement that is legally binding between the Provider and any natural or legal person who, as a recipient of the Service, uses the Service for any purpose “the User”

1.3 Individual terms and conditions and individual amendments to all terms and conditions are only binding if concluded in written form. Also, waiving this formal requirement can only be concluded in written form.

2.    Disclaimer

2.1.    The Service is provided “as is” and the Provider disclaims any and all representations and warranties, whether expressed or implied, including;- but not limited to;- implied warranties of title, merchantability, fitness for any particular purpose or non-infringement. The Provider does not promise any specific results, effects or outcome from the use of the Service.

2.2.    The Provider does not represent or warrant that the Service and the data and information provided are accurate, up-to-date, complete or reliable. The Provider is not responsible or liable for any damage, disadvantage or loss, whether material or immaterial, that is caused by the usage or non-usage of the Service. This does not apply to damages, disadvantages and losses that are caused by the Provider intentionally, recklessly or negligently.

2.3.    The Provider reserves the right to reduce, change, interrupt or discontinue the Service or parts of it at any time without prior notice.

2.4.    No one has a right to use the Service; the Provider reserves the right to, at its sole discretion, exclude certain Users.

3.    Storage of information

3.1.    The Service consists largely of information stored on the request of Users.

3.2.    The Provider neither previews nor automatically reviews such information. Therefore, the Provider cannot have current knowledge of possible infringements caused by information that is stored on the request of Users. The Provider is not liable for such information.

3.3.    The Provider will, upon obtaining knowledge about or awareness of such infringement, act expeditiously to remove or disable access to such information.

3.4.    Users may only request storage of such information that they may legally store and publish. Users shall not request to store any information that infringes any third party’s copyright, trademarks, other intellectual property rights or any other rights.

3.5.    Users hereby agree to indemnify the Provider from any claims raised by third parties in reference to any information that is stored on request of the User. The indemnification shall cover all expenditures, including court and legal fees.

4.    Notice and take down

4.1.    If a User feels that any information provided within the Service infringes his/her or any third party’s rights, he or she shall notify the Provider before taking any legal action.

4.2.    Upon such notification, the Provider will expeditiously check the objectionable information and will, where necessary, remove or disable access to this information (“notice and take down” process).

4.3.    The Provider will respond to any such notification as soon as possible but not more than ten business days.

4.4.    A User shall, subject to Article 10 below, not take any legal action against the Provider unless the Provider dismisses the notification or ten business days elapse without response from the Provider.

4.5.    The Provider hereby disclaims liability for expenditures, including court and legal fees, if legal action is taken earlier, unless the Provider has caused the infringement intentionally, recklessly or negligently.

5.    Misuse of the Service

5.1.    A User shall not misuse the Service. Misuse of the Service includes, without limitation:

(a)    insults to other Users;
(b)    automated or massive manual retrieval of other Users’ profile data (“data harvesting”);
(c)    advertising for commercial products or services of all kinds;
(d)    unsolicited job offers and business proposals;
(e)    all kinds of technical attacks on the servers.

5.2.    All the above mentioned behaviors in this article are strictly forbidden, unless the User has obtained the prior written permission by the Provider.

6.    Usage of information

6.1.    All information provided within the Service by the Provider and by other Users may only be accessed manually by a natural person using ordinary Internet devices.

6.2.    A User shall not publish, share, sell or make available information that is provided within the Service by the Provider or by other Users to/with any third party.

6.3.    A User shall not store or process any other User’s personal data for any other purpose than the natural purpose of such data being published within the Service by the respective User.

7.    Copyright and other Intellectual Property Rights

The software running the Service, the site design, the logos and other graphics, articles and other texts as well as the database are protected by copyright and are property of the Provider.

8.    Trademarks and Service Marks

Marks for Goods and Services can possibly be used without any identification, such as the ® or TM symbols. This notwithstanding, the marks remain the registered trademarks or service marks of the respective owners of the said marks and remain protected by applicable law. Such trademarks and service marks are property of their respective owners and must not be used by a User in any infringing manner.

9.    Applicable Law

9.1.    This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ghana.
9.2.    The courts of Ghana shall have non-exclusive jurisdiction in any matter arising under or in relation to this Agreement.

10.    Dispute Resolution

10.1.    In the event dispute between a User and the Provider parties shall use their best endeavours to resolve any dispute, difference, claim, controversy or disagreement arising under or in respect of the Service amicably.

10.2.    Any dispute, difference, claim, controversy or disagreement arising between a User and the Provider which is not resolved amicably shall be decided by reference to arbitration under the Alternative Dispute Resolution Act, 2010 (Act 798) of Ghana or any Statutory modification or re-enactment thereof applicable to such Arbitration.

10.3.    The Party wishing to submit a dispute to arbitration shall give to the other, written notice of its written intention to do so.

10.4.    The arbitration proceedings shall be conducted in the English language, and in Accra, Ghana.

10.5.    The award of the arbitrator shall be final and binding on the Parties.

11.    Salvatorius Clause

Where possible, each provision and every part of this Terms & Conditions and its additions (as in Clause 1.3 above) shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision or part of this Terms & Conditions is invalid or prohibited under the applicable law, such provision shall be ineffective only to the extent of such prohibition, and shall not affect the remainder of the provision, or where part of this Terms & Conditions is adjudged by a court or arbitrator to be invalid or unenforceable, the User and the Provider agree that the court or arbitrator making such determination of invalidity or unenforceability shall have the power to adjust this Terms & Conditions, in order to make same valid and enforceable as nearly as possible to the original intent of the parties, unless in the reasonable opinion of the Provider the purpose of this Terms & Conditions is frustrated as a result.