Terms & Conditions of Use

1. Preamble

 

a) Legal notice

 

This Site is published by Company MIKENSY CONSULTING LIMITED, a limited liability company with a capital of 20,000 dollars (USD), registered under No.CS588182015 at the Register of Commerce and Companies of Accra, Ghana, and having its registered office at 1st Floor, Boahemaa House, Down Photo Club, Opposite Baptist Church, P.O. Box OS 719, Osu, Accra, Ghana.

The Editor can be reached by email: contact@ghanajob.com or by phone at:  +233 (0) 302 787 048.

This Site is hosted by OVH GmbH, having its registered office in Koßmannstr. 35, 66119 Saarbrücken, Germany.

 

 

b) ) Subject

 

This Site is freely available to any Applicant. It consists of an Internet platform that allows Internet Applicants to publish anonymous profiles and to apply for job advertisements and Recruiters to advertise jobs, to become acquainted with Applicants’ CVs or even to broadcast advertising banners.

 

c) Acceptance of the Terms and Conditions

 

Signature to a contract governed by these Terms and Conditions with the Site Editor presumes agreement, by the Internet Applicant, of these entire Terms and Conditions. The Internet Applicant shall acknowledge that he/she has read and understood the Terms and Conditions set forth and that he/she has waived its own terms and Conditions. To agree, the Internet Applicant needs to tick the box corresponding to the following sentence: "I have read these Terms and Conditions of Use and agree with the Terms and Conditions set forth therein".

 

Ticking the box will be deemed to have the same value as a handwritten signature from the Internet Applicant. The Internet Applicant shall recognize the value of evidence of the automatic recording systems of the Editor of the Site and, unless the contrary of the evidence is furnished, he/she waives to challenge them in case of any dispute.

 

The agreement of these Terms and Conditions presumes that Internet Applicants shall enjoy the most extensive legal capacity to proceed accordingly, or in the absence thereof, authorization from a guardian or a trustee if incapables, from a legal representative if minors, or warrant if acting on behalf of a legal entity.

 

2. Definitions

"Site" means website available at the URL: http://www.ghanajob.com,

"Editor" means MIKENSY CONSULTING LIMITED, in its capacity as Editor of the Site. The Site Editor is allowed to use the trademark and the domain name of the Site by permission of the owner of the Internet platform,

 

"Internet Applicant" means any non-trading individual connected to the Site,

 

"Member» means any individual or legal entity of private law or public law, registered on the Site,

 

"Applicant Member" means any non-trading individual registered on the Site,

 

"Recruiter Member" means any individual or legal entity of private law or public law, registered on the Site as a professional and, if necessary, willing to fill a position.

 

3. Conduct Rules

 

In connection with the use of services offered on the Site, the Applicant Member shall also undertake, without any limitation or reserve, to:

 

- Use the services provided by the Editor with reasonable and due care,

 

- Not to use bots or alike,

 

- Do not undermine the quiet enjoyment of the service by other Applicant Members,

 

- Respect rights of third parties,

 

- Do not use the services of the Site for commercial purposes,

 

- Do not disclose or spread whole or any part of any information obtained through this Site to a third party for any reason whatsoever,

 

- Comply with all laws and regulations in force,

 

- Do not hold comments that would be racist, contrary to public order or morality, or breaking law or regulation in force.

 

The Applicant Members shall be solely and entirely responsible for the use of the service.

 

Internet Users and Members shall report to the Editor any content, any advertising or any act contrary to public order or morality, or any law or regulation in force, including all discriminatory types of content, for which the Editor reserves the right to make any check, moderation and reporting to competent authorities.

 

Members remain, in any event, responsible for personal data contained in their account, on their profile or exchanged in connection with the use of services. They remain responsible for actions committed in the context of the use of this service to be answered before any court of competent jurisdiction.

 

Any infringement of these Terms and Conditions causing damages or constituting an infringement of regulatory or statutory provisions may be prosecuted directly against the Applicant Member, leading to any liability for the Editor of the service.

 

4. Applicant Account

 

a) Account Creation

 

Creating an account is a prerequisite before any use of the offered services on the Site and of the use of Member’s area.
To this end, the Applicant Member shall be invited to provide some private information. The Applicant Member shall undertake to provide accurate information at the risk of account deletion.
Some information shall be deemed necessary to the conclusion of the contract and the collection of said information shall be deemed necessary to create the account. Any refusal by an Applicant Member to provide such information shall result in preventing the creation of the account and, incidentally, the use of services offered on the Site.

 

b) Operation

 

This account allows the Applicant Member to establish an applicant profile in the form of anonymous CV published on the Site and to modify it, to apply for jobs or to manage the monitoring of his/her applications.

 

If the account data were to disappear as a result of an act of God, a technical failure or in case of force majeure, the responsibility of the Site Editor shall not be held; this kind of information is for information only and has no probative value. The Editor shall, however, undertake to keep securely all elements of this contract whose keeping is required by law or regulations in force.

 

The Editor reserves the exclusive right to delete the account of any Applicant Member who has infringed these Terms and Conditions (including but not limited to, when the Applicant Member has knowingly provided false information during his/her registration and the creation of his/her account) or even any inactive account for 2 (two) years. Such deletion is not likely to constitute harm to the excluded Applicant Member who shall not claim any compensation as a result.

 

This exclusion does not exclude the possibility for the Editor to prosecute the Applicant Member, if justified.

 

c) Password

 

When creating the account, the Member is invited to choose a password. This password is the guarantee of confidentiality of information contained in "My Account" and then, the Member shall not give or transmit it to anyone. Otherwise, the Site shall not be held responsible for unauthorized access to the Member's account.

 

5. Provisions relating to the Publication of a Profile in the Form of Anonymous CV

 

a) General

 

Applicant Members are offered the ability to create a profile in the form of anonymous CV on the Site. In this context, Applicant Members will provide some personal and professional information.

 

The information requested for the purpose of the publication of the profile shall be filled in accordance with the field titles in the forms and with the indicated instructions if any.

 

It is strictly forbidden for any Applicant Member, at the risk of exclusion, to show in the fields of the forms not designed for it personal information allowing them to be identified, including but not limited to, first name, last name, phone number or email.

 

The profiles are published anonymously on the Site. Nevertheless, it is expressly understood that the Applicant Member, who decides to subscribe to the services offered by the Editor and who fills in the form regarding his/her profile, recognizes that these data are likely to be published on this Site and spread to any Internet User, as well as on any other media determined by the Editor in compliance with these Terms and Conditions.

 

b) Content

 

The Editor shall not be responsible for the originality and the honesty of the profiles, based on the good faith of Applicant Members and on the obvious difficulty to check on the matter. However, if the moderating team was to detect this kind of abuse, the Editor shall take all necessary modifications or deletions.

 

c) Deletion

 

It is expressly brought to the attention of the Applicant Members that they shall have the option to stop the publishing of their profile. In this case, they shall go to the Member’s area to disable their CV in the CV database, or request for the deletion of their account and of the services to the Editor by using the contact form in the Member’s area. For technical and administrative reasons, the account of a Customer who has purchased services to the Editor cannot be deleted by the Editor on request of a Member.
Any suspension of the profile shall be effective within a maximum of 8 (eight) working days.

 

If the Applicant Member unsubscribes from the CV database, the Editor shall inform the Recruiter Members who have the Applicant’s details that he/she no longer wishes to be contacted. The Applicant shall acknowledge in this regard that it is not impossible that a Recruiter might contact him/her.

 

In case that an Applicant Member would assert his/her rights to object to the retention and dissemination of his/her personal data, the Editor shall remove from the Recruiters’ area his/her applications as well as his/her applicant profile purchased by the Recruiter Members. Recruiters Members shall also be invited to delete Applicant Member’s personal data they have, if necessary.

 

d) Provisions applicable to the Diffusion of CVs with Recruiter Members

 

The profiles are published anonymously on this Site. However, a Recruiter shall request to view the full CV of one or more Applicant Members, in compliance with the Terms and Conditions. CVs sent by the Editor are solely to the attention of the Recruiter Members. It is forbidden for them to publish, share, copy, duplicate or reproduce by any means whatsoever and in any medium, whether free of charge or for commercial purposes, the full or part of the content of the CVs, otherwise the Recruiter Member shall be prosecuted both by the Site Editor and the owner of concerned CV.

 

6. Newsletter of the Editor

 

By ticking the box provided for that purpose or by giving expressly their agreement to this end, Applicant Members shall agree that the Editor shall send them, at a frequency and under a format of his/her choice, a newsletter that may include information relating to its business.

 

The subscriber Applicant Members have the option to unsubscribe from the newsletter by clicking the link provided for this purpose, in each of the newsletters.

 

7. Privacy

 

a) General - Purpose – Term

 

Internet Applicants shall have the free option of providing personal information about them. Providing personal information is not required for browsing the Site. However, registration on this Site and use of the proposed services requires the collection, by the Editor, of some personal information about Internet Applicants. If Internet Applicants do not wish to provide the information needed to create their account, they shall not be able to use the proposed services by the Site Editor and therefore, apply for jobs or be contacted by Recruiter Members.

 

The collected data are necessary for the proper administration of the proposed services on this Site as well as in compliance with the Editor’s contractual obligations. These data are stored by the Editor only for this purpose. The Editor shall undertake not to use them in another context or to transmit them to third parties, except express agreement of the Members or otherwise specified by law.

 

The details of all Applicant Members registered on this Site are stored for a period of 2 (two) years from the date of last connection of the Applicant Member to his/her Member's area, a reasonable time necessary for the proper administration of the Site and a normal use of the data. These data are stored in secure conditions, according to the current means of the technique, in compliance with regulatory and legal requirements in force.

 

b) Rights of Access, Rectification and Opposition

 

In accordance with the law in force,

 

- Applicant Members have a right of access and of rectification of the data they have provided. For that purpose, they just need to access the Member’s area,

 

- Applicant Members have a right of opposition and to query the data they have provided. For that purpose, they just need to ask the Editor by using the contact form in Member's area.

 

Collected personal data shall be processed by computer and are exclusively reserved to the Editor and the Recruiter Members of the Site.

 

c) IP Address

 

In addition, the Editor reserves the right to collect the public IP (Internet Protocol) address of all Internet Users. The collection of this IP address will be carried out anonymously; it will be retained during the same period as the personal information and are only for the proper administration of the services proposed on this Site. The IP address refers to a series of numbers separated by points enabling the sole identification of a computer on the Internet.

 

The Editor shall provide all the personal data about an Internet User to the police (on summons) or any person (by a judge’s ruling). The IP address of your computer can be compared with the actual identity of the subscriber owned by the ISP (Internet service provider).

 

8. Legal Notice relating to the Collection of "Cookies"

 

a) General - Purpose – Term

 

To allow all Internet Users a better browsing on this Site and better service of the different interfaces and applications, the Editor shall proceed with the implementation of a cookie on the computer terminal of the Internet User. This cookie is used to store information about the Site’s browser (date, page, hours) as well as any data entered by Members during their visit (search, login, email, and password). These cookies are meant to be kept on the workstation of the Internet User for a variable period up to 1 (one) year and may be read and used by the Editor at a subsequent visit of the Internet User on this Site.

 

b) Right to Object to the Implementation of a Cookie

 

The Internet User has the ability to block, modify the retention period, or delete the cookie through the browser interface (usually: tools or options / privacy or confidentiality). In this case, browsing this Site will not be optimized. If the systematic disabling of the cookies on the browser of the Internet User prevents him/her from using some services or features provided by the Editor, this dysfunction shall not, in any circumstances, constitute damages to the Internet User who shall not claim any compensation thereof.

 

c) Deletion of the Cookies

 

Internet Users shall also have the option to delete cookies previously present on their computer by going to the menu of their browser for this purpose (usually: tools or options / privacy or confidentiality). Such act has no impact when browsing this Site, but loses all the benefit provided by the cookie to Members. In this case, they will have to capture again all the information about them.

 

9. Warranty Disclaimer of the Editor in Connection with the Execution of this Contract

 

If the Site is not accessible or cannot be used, due to technical problems or of any nature, the Member shall not claim for damages and shall not claim any compensation.

 

Free of charge services provided by the Editor are under no obligation, Members shall not claim any compensation as such, regardless of the alleged harm.

 

A restriction of use of services may also arise at the Editor’s request and under sanction, as defined in these Terms and Conditions, including in case of behaviour contrary to public order, morality, or legislative provisions or regulations in force, and up to the correction of the breach by the Member. This restriction shall not lead to the granting of any compensation to the Recruiter Member who will, by no means, consider this restriction as causing damages of any kind whatsoever. This restriction of access is not exclusive for the Editor of the exercise of any other type of sanctions, as defined in these Terms and Conditions.

 

The Editor reserves the exclusive right to delete the account of any Member who has infringed these Terms and Conditions, including but not limited to, when the Member has knowingly provided false information during the account creation. Such deletion is not likely to constitute harm to the excluded Member who shall not claim any compensation or reimbursement. The Editor shall not send any notice or other document except a termination notice by email to the Member.

 

Member profiles, CVs, advertisements and adverts are published under the full responsibility of their authors.

 

It is expressly brought to the attention of the Members that the Editor shall not guarantee the accuracy of the data in their profiles, CVs, advertisements and adverts published on the Site. It is up to anyone interested to ensure the accuracy of all data prior to any contact. Similarly, the Editor shall not interfere within the relationship between Members, and shall not guarantee, in any circumstances, to Recruiter Members the hiring of a sought-after Applicant, if necessary.
In addition, Members assume sole and unreserved liability of all actions brought against the Editor because of the publication of the profiles, CVs, advertisements, adverts or the recruitment process, who may claim under warranty any Member.

 

The hyperlinks on this Site may link to other websites and the liability of the Editor of this Site shall not be held if the content of these sites contravene the laws. Similarly, the liability of the Editor of this Site shall not be held if Internet User by browsing one of these sites is harmed.

 

10. Intellectual Property Rights relating to Items Published on this Site

 

This Site and the whole content, including text, pictures, databases, programs, etc., are protected by copyright.

 

All items of this Site belong to the Editor or are subject to a use authorization granted to the Editor by the owner of the Internet platform, of the trademark and of the domain name used by the Site and are protected by intellectual property laws.

 

MIKENSY CONSULTING LIMITED shall grant you the sole authorization to view the content in confidence to the extent that you are the legitimate end user of the Site, to the exclusion of any public display or broadcasting. The authorization of reproduction is conceded solely to you in digital form on your computer for viewing pages seen by your browser.

 

Any other use not specifically mentioned herein or permitted by contract with MIKENSY CONSULTING LIMITED is not permitted and shall require the express written consent of MIKENSY CONSULTING LIMITED. You shall not, apart from the uses expressly conceded above, namely to use or extract in whole or in part, the databases used by the Site, to use any program used by the Site and so on.

 

Internet Users therefore shall recognize that, without authorization, any copy or parts of and any publication or use of one or more of these items, whether or not modified, will likely be prosecuted by the Editor or any eligible person.

 

This protection shall include all text and graphic contents of the Site, but also structure, computer programs, name and corporate identity.

 

All items on this site are © AFRICAWORK - all rights reserved.

 

11. Changes to the Terms and Conditions

 

These Terms and Conditions are subject to change at any time by the Editor of the Site or proxy. The Terms and Conditions applying to any Member are those in effect at the time of his/her connection to this Site. The Editor shall undertake evidently to keep all former Terms and Conditions and to have them sent to any Member who requests it.

 

12. Governing Law and Jurisdiction

 

These Terms and Conditions are subject to the Ghana law and to the exclusive jurisdiction of the courts within the registered office of the Editor.

 

13. Amicable Settlement of Disputes

 

Unless law and order provisions, all disputes that may arise in connection with the execution of these Terms and Conditions shall, before any legal action, be submitted to the Site Editor’s discretion in view of an amicable settlement. It is expressly stated that any request for settlement shall not suspend any deadline allowed for prosecuting.

 

14. Invalidity

 

If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. 

 

15. Non Waiver

 

The failure by the Editor to not require temporarily or permanently a waiver of any stipulation of these Terms and Conditions shall not constitute a waiver of the remaining Terms and Conditions.