ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER

EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE PLATFORM, YOU AGREE THAT DISPUTES BETWEEN US AND OUR CLIENT SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. When we do this, we will post the revised Terms of Service on this platform and will indicate the date of such revision. Your continued use of the Platform after the date of any such changes constitutes your acceptance of the new Terms of Service.

To the extent allowed by law, the English version of these Terms of Service is binding and other translations are for convenience only. If you do not wish to accept the new Terms of Service, then we gladly recommend that you directly deal with Ntetsia at their various offices and branches for all your activities. In addition, when using the Platform, and unless you are in Europe, you will be subject to additional applicable policies including without limitation, the Privacy Policy located at (https://www.NTETSIA.org/privacy).

All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final. Where there is the need to refer to our client’s dispute resolution and disciplinary committee, we shall not hesitate to do so.

Platform Description

The Platform are offered as a platform to allow only contributors of Ntetsia (the "Contributors") to create project for financial and expertise support to create a dream company to achieve their dreams, apply for jobs, contribute to development and receive honourarium for contributing to support dreams to happen and facilitating socioeconomic development. It also come along with social interaction and other support services, as well as educational and assessment modules.

Access and Use of the Platform

There are no fees to create a project [submit your dream project], however, it has been engineered in a manner that, the entrepreneur would have to meet all the policy requirement of Ntetsia [ the client] before he or she can proceed. Ntetsia Technologies Ltd shall not charge any contributor any fee for using the platform to perform Ntetsia sanctioned activities and roles.

The Platform we provide to Ntetsia are pure technology based; We are not a Broker, Financial Institution, Creditor or Charity: our client only operates a non-profit organisation as stipulated in its constitution as well as its registration with the appropriate agencies and authorities. NTETSIA Technologies only uses our tools [platform] to facilitates the operations of the organisation. NTETSIA [ our client] is not a broker, agent, financial institution, creditor or profit making organisation.

All information and content provided on behalf of NTETSIA relating to this platform is for informational purposes only, and NTETSIA Technologies Ltd does not guarantee the accuracy, completeness, timeliness or reliability of any such information, projections or content regarding any entrepreneur’s dream project. No content is intended to provide financial, legal, tax or other professional advice. Even though we acknowledge the effectiveness in Ntetsia’s internal processes which projects go through before it is certified and also the fact that expert advices are widely sought after regarding projects in their quest to ensure the right information are put out here for its members to make an informed decision.

All projections on dream projects shall remain projections only as the experts project into the future of each entrepreneur’s dream projects. No projection figures shall be construed to be a fixed promise or guarantee to any contributor either from our client or its members [entrepreneur(s)] in a specified period or term.

You acknowledge that all information, content and contributions made by you to any entrepreneur via this platform is at your own will and decision to support others. Through its best effort basis, Ntetsia would ensure proper management of the dream projects for the success of the entrepreneurs to benefit all stakeholders.

Every project you see on our platform comes from certified entrepreneurs from Ntetsia which has gone through thorough expert review and appraisals. None of those entrepreneur’s projects shall be misunderstood to be a definitive promise; they shall at all-time remain projections which may either be met, unmet or exceeded. Ntetsia endorses every single project on the platform and declares it wholesome to every interested member who has the will and ability to support.

You; as a Member, entrepreneur, job seeker etc, represent, warrant, and covenant that:

• all information you provide in connection with any dream project, job application, personal details, documentations etc, are accurate, complete, and not likely to deceive reasonable Users and stakeholders;
• you will not infringe the rights of others and at all times keep to your promise and the policies of the organisation;
• if you are and entrepreneur, you will comply with all relevant and applicable financial reporting obligations, including but not limited to laws and regulations relating to tax reporting, and asset disclosures for your project; and
• to the extent you share with us any personal data of any third party for any purpose, including the names, email addresses and phone numbers of your personal contacts, you have the authority (including any necessary consents), as required under applicable law, to provide us with such personal data and allow us to use such personal data for the purposes for which you shared it with us. You authorize NTETSIA Technologies Ltd, and NTETSIA Technology Ltd reserves the right to, provide same information to other stakeholders including law enforcement agencies, and to assist in any investigation thereof.

Your Registration Obligations

You shall be required to register with NTETSIA in order to access and use all the features of the platform. If you choose to join, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by NTETSIA's registration form. Potential members and users of the platform must ensure to register using their true identities, including their official names as indicated on their national identification documents and any image or video purporting to depict the prospective member. In the case of In Trust For [ITF] members, the names and images of the beneficiary member [the minor] must be used. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age (16 in Europe) or classified as a minor in your country, you are not authorized to use this platform without a guarantor who must be a member of the organisation since you have the freedom to join any association of your choice. The system must capture you as a member in trust for. Certain aspects of our Platform may also require you to register with, and agree to the terms of, third-party service providers (e.g., payment processors, bankers etc), with whom NTETSIA has entered into contracts, in order to be able to benefit from their Platform. If NTETSIA or one of our payments processors at any time discovers that the information you provided about you is incorrect or violates any of these Terms of Service or their terms of service, your use of the Platform may be suspended and/or terminated with immediate effect and sanctions may be applied in accordance with the constitution of NTETSIA and by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of third party payment processors are integral to the Platform and that we may exchange information with such third parties in order to facilitate the provision of the Platform as set out in our Privacy Policy.

Taxes

It is your responsibility to determine what, if any, taxes apply to any monetary benefit [ bonus, honourarium, profit, salaries etc.] you receive through your use of this platform and as a result of your membership with NTETSIA. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account, if any, and you are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify NTETSIA Technology Ltd directly or through our client of any unauthorized use of your password or account or any other breach of security. NTETSIA Technology or our client will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Platform

Ntetsia Technologies Ltd reserves the right to modify or suspend, temporarily or permanently, your use of the platform (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom. Content Manifestly Made Public by the User.

Public Content

Some of your activity on and through the platform is public, such as content you post. Additionally, user profile information, including your first and last name, public email address, organization, personal biography, and other files and information you enter in connection with your user profile may be displayed to other users to facilitate user interaction within the platform. Kindly note however that, any information you put in our public space can be read by any member. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about it including any specific information you may deem private in content that you create or information that you submit through the platform.

Unsolicited Information

Please be advised that unsolicited information you provide may be publicly accessible, such as information you post on your profile page, in groups or comment sections. We also collect information through customer support communications, your communications to us of ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, with publicly-accessible information, "Unsolicited Information"). By sending us Unsolicited Information, you (a) agree that we are under no obligation of confidentiality, express or implied, with respect to the Unsolicited Information, (b) acknowledge that we may have something similar to the Unsolicited Information already under consideration or in development, (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Unsolicited Information, and (d) irrevocably waive, and cause to be waived, against our client and NTETISA Technology Ltd and its members any claims and assertions of any moral rights contained in such Unsolicited Information. This Unsolicited Information section shall survive any termination of your account or membership with NTETSIA.

Third-Party Communications

If you use any feature of the platform that allows you to communicate with third parties (such as to refer a third party to the platform, share a link to a third party or to communicate with them regarding joining the Ntetsia etc), either by submitting Third-Party Data to the Platform or otherwise permitting the Platform to automatically access Third-Party Data in your possession, you acknowledge and agree that you have the authority of the relevant third party for us to access and use the relevant Third-Party Data and that you have notified these third parties and informed them how their information is collected and used by our platform to provide to serve you. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them. We use Third-Party Data to (1) contact such third party using the Third-Party Data provided, and/or (2) provide you with a targeted message designed to facilitate communication between us, you and such third party through the Platform. In addition to sending the foregoing communications we may also send reminders or related messages to you and to third parties on your behalf from time to time where permitted by applicable law. In each case, any such communication sent to third parties using Third-Party Data will provide a means to “opt-out” of receiving further communication of the same nature.

Data Retention

You acknowledge that NTETSIA Technology Ltd has no obligation to you to retain data relating to any member’s account on the platform except that which are directly essential to our client as agreed from time to time. You acknowledge that NTETSIA Technologies Ltd reserves the right to delete data or to suspend any member’s use of accounts on the platform [not removal of membership from the organisation] at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Especially when the other services on the platform apart from that of our clients directly are abused in anyway or form as and when it comes to our notice.

Mobile Platforms

The Platform include certain features that may be made available via a mobile device, including the ability to (i) upload content to the Platform, (ii) browse the Platform and access other information relevant to enhance your user experience (iii) access certain items through an application downloaded and installed on a mobile device etc (collectively, the "Mobile platform"). To the extent you access our Mobile Platform, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Platforms may be prohibited or restricted by your carrier, and not all Mobile platforms may work with all carriers or devices. By using the Mobile Platforms, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Platforms may be communicated to us. We shall comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your NTETSIA Membership account information to ensure that your messages are not sent to the person that acquires your old number.

User Conduct

You are solely responsible for all referrals, contributions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (the "Content") that you upload, post, publish, display, support, transmit or otherwise use (hereinafter, "Upload"). You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms of Service. The following are examples of Content and/or use that is illegal or prohibited by NTETSIA Technology Ltd on the Platform. This list is not exhaustive and we reserve the right to investigate any User/Member who, in our sole discretion, violates any of the terms or spirit of these Terms of Service. As we investigate your activities, a User/Member, or a User’s Content, we may consider all available material including but not limited to social media, related news, and any other information that we, in our sole discretion, deem relevant in our review. We further reserve the right, without limitation, to ban your use of the platform, remove the offending Content, suspend or terminate your account in consultation with our client, freeze or place a hold on any benefit due you [either monetary or otherwise], and report you to the law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users. Without limiting the foregoing, you agree:

A. not to use the platform to establish or promote with the implicit or explicit purpose of or involving:

• the violation of any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the platform;
• Content that are fraudulent, misleading, inaccurate, dishonest, or impossible;
• drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal, prohibited, or enjoined by an applicable regulatory body; legal substances that provide the same effect as an illegal drug; or other products, medical practices, or any related equipment or paraphernalia that have been found by an applicable regulatory body to cause consumer harm;
• knives, explosives, ammunition, firearms, or other weaponry or accessories;
• Content that we deem, in our sole discretion, to be in support of hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, sexual orientation, sex, gender or gender identity, or serious disabilities or diseases;
• Content that we deem, in our sole discretion, to be for the legal defence of alleged crimes associated with hate, violence, harassment, bullying, discrimination, terrorism, or intolerance of any kind relating to race, ethnicity, national origin, sexual orientation, sex, gender or gender identity, serious disabilities or diseases, or financial crimes or crimes of deception;
• pornography or other sexual content;
• illegal copying, plagiarism, theft of any person’s concepts, ideas etc if proven.
• publication or removal of Content, where the primary purpose of posting such Content is to cause or raise concerns of reputational harm;
• sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value;
• counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder;
• products or Platform that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
• unauthorized sale or resale of brand name or designer products or Platform;
• sale of goods or Platform that are illegally imported or exported;
• any other activity that NTETSIA Technology Ltd may deem in its sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including but not limited to money laundering corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
• any other activity that our client may deem in its sole discretion to be unacceptable.

B. not to use the platform to transmit or otherwise upload any Content that

• infringes any intellectual property or other proprietary rights of any party;
• you do not have a right to upload under any law or under contractual or fiduciary relationships;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, and promotional materials, "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or
• in the sole judgment of NTETSIA Technology Ltd, is objectionable or which restricts or inhibits any other person from using or enjoying the platform, or which may expose NTETSIA or its users / members to any harm or liability of any type; or
not to interfere with or disrupt servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the platform; or
D. not to harvest or collect email addresses or other contact information of other users from the platform by electronic or other means; or

Members Conduct

NTETSIA Technologies Ltd reserves the right to refuse, condition, or suspend any activity or other transactions that we believe in our sole discretion may violate the Terms of Service or harm the interests of our clients, users, business partners, the public, etc or that expose you, NTETSIA, or others to risks unacceptable to us. We may share any information related to your use of the platform with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, and activities made through or in connection with your use of the platform.

Contributions

In order to contribute to a dream project, a contributor may be required to provide information regarding his, her or its credit card or other payment media (“Payment media”). You, as a contributor, represent and warrant to NTETSIA Technology Ltd and its client that such information is true, and that all contributions payments are final and will not be refunded unless NTETSIA, in its sole discretion, agrees to issue a refund. NTETSIA Technologies Ltd uses third-party payment processing partners to bill you through your Payment medium of choice and for any contribution made, and contributors acknowledge that by contributing to a dream project, the contributor is agreeing to any and all applicable terms set forth by our payment partners. Ntetsia Technology reserves the right to use or partner with any other payment processing company in any jurisdiction where it has a branch or its client has a branch.

Entrepreneurs

Any contributor who wants to submit a project to Ntetsia must ensure to satisfy all the requirement made by Ntetsia regarding policies and regulations stipulated. NTETSIA may, in its sole discretion take actions to protect its interests and those of its members. Some of the reasons that we may take such actions include, but are not necessarily limited to, the following: (i) if we have reason to believe (in our sole discretion) that information provided by an entrepreneur is false, misleading, stolen, or fraudulent, (ii) if we have reason to believe that an entrepreneur has violated these Terms of Service, (iv) if NTETSIA determines that the entrepreneur is colluding with contributors to engage in activities which are against the constitution of the organisation,(v) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. Affected entrepreneurs would have to contact the organisation to resolve this through the appropriate channels made available by the organisation and or the legal frameworks as stated herein. please contact us at [email protected] (mailto: [email protected]) .

Job Seekers

Any contributor who wants to apply for jobs via the platform guarantees that all the information and data provided about him or herself are accurate and consents to further due diligence by our clients and its partners or us to contact the relevant bodies to confirm or other of their records.

Special Notice for International Use

Export Controls Software (defined below) available in connection with the Platform and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the Republic of Ghana or other jurisdictions. No Software may be downloaded from the platform or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the platform, including as it concerns online conduct and acceptable content. NTETSIA Technology Ltd offers Software applications that are intended to be operated in connection with products made commercially available by any accredited brand. NTETSIA Technologies Ltd and you acknowledge that these Terms of Service are concluded between NTETSIA, Ntetsia Technology and you only.

Platform Content, Software and Trademarks

You acknowledge and agree that the Platform may contain content or features ("Platform Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by NTETSIA Technologies Ltd, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the platform or its Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload onto the Platform. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by NTETSIA Technologies Ltd from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or its Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the platform or distributed in connection therewith are the property of NTETSIA Technology Ltd, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by NTETSIA Technology Ltd.

Trade Mark

The NTETSIA name and logos are trademarks and service marks of NTETSIA (collectively the "NTETSIA Trademarks"). Other company, product, and service names and logos used and displayed via the platform may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to NTETSIA. Nothing in these Terms of Service or the platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NTETSIA Trademarks displayed on the platform, without our prior written permission in each instance. All goodwill generated from the use of NTETSIA Trademarks will inure to our exclusive benefit.

Third-Party Material

Under no circumstances will NTETSIA Technologies Ltd or its client be liable in any way for any content or materials of any third parties (including contributors, entrepreneurs and job seekers) or any User Content (defined below, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. NTETSIA Technologies Ltd and its officers and staff will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the platform at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom.

User Content Transmitted Through the Platform

With respect to the content, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the platform or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to, or otherwise have all necessary rights and consents to (and to allow others to) fully exploit, such User Content, including, without limitation, as it concerns all copyrights, trademark rights and rights of publicity or privacy related thereto. By uploading, sharing, providing, or otherwise making available any User Content, or any portion thereof, in connection with the Platform, you hereby grant and will grant NTETSIA Technology Ltd and its affiliated companies, stakeholders and users a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or promotions, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless NTETSIA Technologies Ltd and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness).

Payment Card Industry Data Security Standard

The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit cards. The primary purpose of the standards is to maintain controls around cardholder data to reduce credit card fraud. As a service provider, NTETSIA Technologies Ltd’s third party service providers are PCI DSS compliant and will maintain all applicable PCI DSS requirements to the extent that they possess or otherwise store, process, or transmit cardholder data on behalf of you, or to the extent that they can in any way impact the security of your cardholder data environment. That notwithstanding, our Platform does not hold any cardholders’ information for whatsoever reason, payment processes are done independently by our payment processing service providers.

Copyright Complaints

NTETSIA Technology Ltd and its client respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify NTETSIA of your infringement claim in accordance with the procedure set forth in its constitution. Again, NTETSIA Technologies Ltd when receives such complains, will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (mailto:[email protected]). You may also walk in to any of our offices directly and lodge a complaint with our officials.

Counter-Notice

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the above listed addresses;

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
• and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, NTETSIA Technology Ltd will send a copy of the counter notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, NTETSIA Technologies has adopted a policy of terminating, in appropriate circumstances and at NTETSIA Technologies Ltd's sole discretion, users who are deemed to be repeat infringers. NTETSIA Technologies Ltd may also at its sole discretion limit access to the Platform.

Arbitration; Class Action Waiver

YOU AGREE THAT ALL DISPUTES BETWEEN YOU, NTETSIA AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARDS TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE PLATFORM, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Disputes

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: NTETSIA, Gicel Estate Block D2/28 SCC New Weija Accra Ghana. Always ensure you confirm the current address before send to us such notices.

The Notice of Arbitration must

• describe the nature and basis of the claim or dispute; and
• set forth the specific relief sought (“Demand”).

We agree to work with you and make a good faith effort to resolve the claim directly, but if we aren’t successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by either of us must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount which exceeds the last written settlement amount offered by us in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) GHS1,000.00. Fees. If you commence arbitration in accordance with these Terms of Service, we will reimburse you for your payment of the filing fee. Any arbitration hearing will take place at an agreed upon location in Ghana, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in Ghana.

No Class Actions.

YOU AND US AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and us 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.

Modifications to this Arbitration Provision.

If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your account with us will be immediately suspended and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms of Service.

Confidentiality

We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.

Termination

You agree that NTETSIA Technologies Ltd, in its sole discretion, may suspend or terminate your account (or any part thereof but not membership to NTETSIA) or your access to the Platform and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. You agree that you are solely responsible for your interactions with any other user in connection with the Platform and NTETSIA Technologies Ltd will have no liability or responsibility with respect thereto. NTETSIA Technologies Ltd and its client reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform. These Terms of Service constitute the entire agreement between you and NTETSIA Technologies Ltd and govern your use of the Platform, superseding any prior agreements between you and NTETSIA Technologies Ltd with respect to the Platform. This terms of service is strictly different from any other policy and regulations regarding your membership with the organisation NTETSIA. A suspension or termination of your account on this platform does not automatically affects your membership, projects, supports etc in respect to NTETSIA’s operations. Every information necessary regarding your activities in NTETSIA shall be accessed via their branch offices.