Terms & Conditions
Terms & Conditions
1.1. This website is operated by Exogas Africa Limited (EXOGAS), Registered in Ghana no.
CS200332016, and whose registered office is at E419/11 Nii Awuley Street, Accra Ghana.
Please read our Privacy Policy in conjunction with these Terms and Conditions.
1.2. Your use of the Website is subject to the following Terms & Conditions of Use, which you
are deemed to accept by using the Website. If you are not prepared to comply with these terms
you must leave the website immediately.
1.3. Additional terms shall apply:
1.3.1. To any purchases you make through the Website;
1.3.2. To any booking you make through the Website; and
2. Copyright
The copyright and all other rights in the material on the Website are owned by EXOGAS or are
included with the permission of the owner of the rights. As a visitor to the Website, you may
download a single copy of the material on the Website on a single computer for your own private
viewing/listening purposes only. Single copies of pages from the Website may be printed out for
the sole purposes of enabling the person printing the page to retain a copy for their own
personal records. No copying or distribution of material on the Website for any commercial or
business use is permitted without our prior written consent. No photography, filming, broadcast,
alteration or modification of the pages of the Website is permitted without our prior written
consent except as may be reasonably necessary to use the Website in good faith. Subject to this
paragraph, all rights in material on the Website are reserved to EXOGAS.
3. Prohibited use
You agree not to use the Website:
to create a database (electronic or otherwise) that includes material downloaded or
otherwise obtained from the Website except where expressly permitted on the Website;
to disseminate advertisements on the Website or use the Website for any other
commercial purposes (which would include using the Website to promote or encourage
the sale of your goods/services);
to place links on the Website where those links take users to unlawful material or
material that contravenes these Terms and Conditions;
to transmit or re-circulate any material obtained from the Website to any third party
except where expressly permitted on the Website;
in such a way so as to remove the copyright or trade mark notice(s) from any copies of
any material made in accordance with these Terms and Conditions;
to disseminate any unsolicited or unauthorised advertising, promotional materials, or junk
mail, letters, pyramid schemes, or any other form of solicitation;
to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
to disseminate any material which is or may infringe the rights (including intellectual
property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may
be considered a criminal offence or give rise to civil liability in any country in the world;
to disseminate any material which compromises the privacy or security of anyone else than yourself;
to disseminate any material which does or may bring EXOGAS or any of its brands or subsidiaries into dispute or in any way damage their reputation;
to disseminate any material where use of the material by EXOGAS or any third party
licensed or permitted by EXOGAS, will give rise to any third-party claims; or
to post links that take users to material that contravenes any of the above restrictions.
4. User Generated Content
4.1. The pages of the Website where you are capable of posting content are provided for your
private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions
and comment. Use of the Website that is inconsistent with those stated purposes is strictly
prohibited. By submitting any content to the Website, you:
4.1.1. Grant EXOGAS the right to use such content and all material embodied therein for any
purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or
remove such content from the Website and hereby waive all of the moral rights that you have in
respect of any material you post to the Website;
4.1.2. Warrant to EXOGAS that all such content complies with the provisions of Clause 3; and
4.1.3. Acknowledge that EXOGAS may require you to confirm the above rights and warranties
and agree to do so within 7 days of any request from EXOGAS.
4.2. EXOGAS reserves the right (but not the obligation) at its sole discretion to refuse, review
edit, move or remove any content that is posted to, or available on, the Website without the
need to give any reasons for doing so. However, EXOGAS will not review the materials that you
or anyone else makes to the Website and therefore, unless we are specifically notified of the
nature of any item of content, you cannot assume that EXOGAS is aware of it. If you object to the
publication of any material placed on the Website please contact EXOGAS using the contact
details shown in our Privacy Policy and we will take whatever action we deem appropriate.
4.3. EXOGAS accepts no responsibility for any statements, material or other submissions placed
on our online forums by you or any third party, or for any loss or damage resulting from your
breach of these Terms and Conditions.
5. Use of Software
5.1. Copyright in any software that is made available for download from the Website and/or the
EXOGAS Materials belongs to EXOGAS or its suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install or use any software unless you agree to such license agreement.
6. Links to other websites
6.1. You may link to the Website but strictly only on the basis that you do not replicate the
pages of the Website, and subject to the following conditions:
6.1.1. You do not create a frame or any other browser or border environment around the
Website;
6.1.2. You do not in any way imply any endorsement by EXOGAS other than with its written
consent or misrepresent your relationship with EXOGAS;
6.1.3. You do not use any logos or trade-marks displayed on the Website without the express
written permission of EXOGAS;
6.1.4. You do not link from a website that is not owned by you; and
6.1.5. Your website does not contain content that is distasteful, offensive or controversial,
that infringes any intellectual property rights or other rights of any other person or otherwise
does not comply with all applicable laws and regulations.
7. Trade Marks
7.1. All EXOGAS trade marks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are the intellectual property rights of EXOGAS and neither they nor any confusingly similar versions may be used by you including (but not limited to) as part of any trademarks and/or domain names without the prior written consent of EXOGAS other than for the purpose of referring to EXOGAS and its associated brands lawfully and in good faith (only).
8. Registration
8.1. To access certain parts of the Website, EXOGAS may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
8.1.1. Provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”); and
8.1.2. Maintain and promptly update the Registration Data to keep it fully up to date.
8.2. Where information (including sensitive financial or personal information) is provided to EXOGAS (whether directly through the Website or otherwise) you accept that these methods of communication cannot be 100% secure. Where sensitive financial information is provided to EXOGAS it uses encryption software to attempt to prevent unauthorised access to this information being obtained. However, EXOGAS cannot accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of EXOGAS or its officers or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to EXOGAS directly through the Website or otherwise. The provision of personal information by you and use of it by EXOGAS is subject to EXOGAS’ Privacy Policy.
8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly,
you agree to:
8.3.1. Maintain the security of your user name and password and be fully responsible for all use of the Website made using your user name and password;
8.3.2. Immediately notify EXOGAS if you become aware of any unauthorised use of your user name and password or any other breach of security by sending an appropriately worded email to the contact details shown in our Privacy Policy.
8.3.3. Ensure that you exit from your website account at the end of each session. EXOGAS cannot and will not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
9. Disclaimer
9.1. Whilst EXOGAS endeavours to ensure that the Website is normally available 24 hours a day,
due to the inherent nature of the Internet, errors, interruptions and delays may occur in the
service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis
without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without
notice in the case of system failure, maintenance or repair or for any other reasonable cause.
9.2. You acknowledge that whilst EXOGAS endeavours to ensure that information on the Website and any related material provided to you by EXOGAS, whether by email or otherwise (“the EXOGAS Materials”) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by EXOGAS. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of EXOGAS or any of its brands and that the EXOGAS
Materials should not be relied upon by you in making (or refraining from making) any specific
investment or other business or personal decisions and acknowledge that professional advice
should be obtained before making any such decision.
9.3. You acknowledge that some of the content may be supplied by third parties and the
accuracy and completeness of it will not have been checked by EXOGAS. No liability shall be accepted by EXOGAS for any inaccuracy or omission in the information provided on the Website or the EXOGAS Materials. All implied warranties are excluded from these Terms and Conditions to the extent that they may be excluded as a matter of law.
9.4. EXOGAS will use reasonable endeavours to ensure that the Website and the EXOGAS Materials do not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all such materials and regularly check for the presence of viruses and other malicious code. EXOGAS excludes to the fullest extent permitted
by applicable laws all liability in connection with any damage or loss caused by computer viruses
or other malicious code originating or contracted from the Website or the EXOGAS Materials.
9.5. EXOGAS will not be liable for any damages (including, without limitation, damages for loss
of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising
from the your use of the content.
9.6. Links on the Website to third party websites are provided solely for your convenience. If you
use these links, you leave the Website. EXOGAS has not reviewed these third party websites and
does not control and is not responsible for these websites or their content or availability. EXOGAS therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that EXOGAS gives no warranty that links to third party sites on the Site shall be marked as such.
9.7. The Website may contain links to third party websites where you may purchase items. You
acknowledge that when making a purchase from a third party website you enter into a contract
with that third party at your own risk and EXOGAS will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the
Website, but that does not mean that EXOGAS are responsible for their conduct or any contracts
that you enter into with them.
9.8. The Website may from time to time contain advertising and sponsorship. EXOGAS is not
responsible for either the content of the material provided by such advertisers and sponsors or
their compliance with voluntary or statutory codes or provisions. In particular, EXOGAS can provide no warranty that it will not take advertisements or sponsorship from your competitors.
10. Suspension of access to the Website and User Indemnities
10.1. If, for any reason, EXOGAS believes that you have not complied with any of these Terms & Conditions, it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
10.2. Without prejudice to the provisions of Clause
10.1, you agree to compensate EXOGAS in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from your use of the Website and/or the EXOGAS Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3.2.
15. Subscription contact:
15.1 When you click “Submit” to place your subscription order online, or you fax, post, email or telephone us with details of your order, you are making an offer to take out a subscription which, if accepted by us, will result in a binding contract. When you agree to these terms and conditions on behalf of a legal entity (eg a limited company or a limited liability partnership), you confirm that you are authorised to purchase and to accept these terms on behalf of that entity.
15.2. If placing your order online, your credit/debit card will be debited when you click “Submit”. Although you will see an online confirmation page and receive an email acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point.
15.3 If placing your order via fax, post, email or telephone you must provide your credit card, debit card, or purchase order details and authorisation to charge your card or invoice you, at the time you submit your order.
15.4 A legally binding contract is formed on the date we send you written confirmation of your initial order – either via email or post (the “Order Confirmation”). We will not be responsible if you fail to receive the Order written Confirmation because you have supplied us with an incorrect email or postal address or if your payment cannot be processed.
15.5 We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. Where we do not accept or process your order in accordance with this clause
2.5 we will notify you in writing and where your credit card or debit card has already been debited, we will refund your payment within 30 days of such notification.
15.6 If we agree to invoice you rather than request payment on the placement of your order, the invoice will become due for payment 30 days from the date on the invoice. If no payment has been made after 30 days, we reserve the right to suspend the subscription service until we are in receipt of cleared funds. You will remain liable for the full amount on the invoice. You acknowledge and accept that we shall be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.
15.7 All payments by Direct Debit are covered by the safeguards assured by the direct debit guarantee.
If there are any changes to the amount, date or frequency of your payment, EXOGAS will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request EXOGAS to collect a payment, confirmation of the amount and date will be given to you at the time of the request. If an error is made in the payment of your Direct Debit by EXOGAS or your bank you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to, you must pay it back immediately on request when EXOGAS notifies you. You can cancel a Direct Debit at any time by contacting your bank. Written confirmation may be required. Please also notify EXOGAS of such cancellation. Such cancellation shall be without prejudice to your obligation to pay the subscription fee.
16. Right to refuse orders
We reserve the right not to fulfill, and to cancel, orders if we are unable to obtain payment authorisation from the issuer of your payment card or cheque, or in the event of obvious inaccuracies or mistakes in the prices that have been advertised to you.
17. Multi User Subs
17.1 When you order a multi-user subscription you must provide a contact name, business name, telephone number, postal address and email address together with credit card, debit card, or purchase order details and authorisation to charge payment to a card or to invoice you.
17.2 In order to fulfil your order for each user within a multi-user subscription you must provide their name, telephone number and email address for digital subscriptions, and postal addresses for print magazine subscribers.
17.3 During your subscription term you may add new users to your multi-user subscription for an additional fee by telephoning corporate customer services on +233(0) xxx xxx xxx. New users will have access to our content for the remainder of your subscription term.
18. Individual User Subs
When you order an individual user subscription you must provide your name, email address, telephone number and postal address, together with credit or debit card details and authorisation to charge payment.
19. Marketing
You acknowledge and accept that we have the right to use your company name as part of on-going marketing and public relations for this programme. These announcements will not be disparaging or otherwise adverse to your business.
20. 30-Day Money Back Guarentee
20.1 We want you to be sure you have made the right decision to subscribe. You may cancel a new subscription within 30 days of the Order Confirmation “Initial Period” provided we receive written notice of such cancellation within the Initial Period.
20.2 If you want to cancel your subscription in accordance with 8.1 above, you must email us at
xxxxxxxx@exogasafrica.com supplying your name, full postal address, post/zip code, unique subscription number, and the brand to which you have taken out a subscription. A failure to provide the relevant information may result in your subscription not being cancelled.
20.3 If you cancel your subscription in accordance with clause 8.1 and 8.2 we will refund the value of all remaining weeks/unmailed issues left in your subscription for which we have received payment.
21. User Details
21.1 You shall, and shall ensure that your users shall keep secure their password used to access our digital content. You shall immediately notify us of any known or suspected unauthorised access to our digital content of which you are aware, or if any of your users shares their user email address and password with anyone. We reserve the right to suspend access to digital content if we suspect access details have been shared with a third party, pending investigation.
21.2 We agree to take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data of your users and against accidental loss, destruction or damage to such personal data, where personal data has the meaning given to it in the Data Protection Act. We will follow your lawful and reasonable instructions in processing such personal data, provided that we are able to use the personal data to fulfil this contract.
22. Contract Term and Refund Policy
22.1 Unless cancelled within the Initial Period, all our subscription contracts are for a minimum 12 month period, including subscriptions which begin with introductory rates. Payment by monthly or quarterly installments does not infer a monthly or quarterly subscription.
22.2 You may cancel your subscription at any time. We will issue refunds only in accordance with cancellations made during the Initial Period (see previous clause). Unless agreed otherwise by us in writing, if you cancel your subscription outside of the Initial Period you will still owe the subscription fee for the minimum 12 month period.
22.3 We may terminate your subscription immediately without a refund if you breach any of the terms in these terms and conditions.
23. Content and Liability
All rights in the content of any EXOGAS websites and printed magazines are owned by us or our licensors. No part of any such content may be reproduced in any form without our prior written permission or as permitted by law. You may only use the content for your own requirements in the course of your business.
23.2 We use reasonable endeavours to ensure that all information contained in printed magazines and on websites is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied under this contract or by statute or common law are excluded to the fullest extent permitted by law.
23.3 We shall not be liable to you in contract, tort (including negligence) statutory duty or otherwise under, or in connection with, this Agreement for any direct or indirect loss of revenue, profit, savings, goodwill or consequential losses.
23.4 Our maximum liability to you in contract, tort (including negligence) statutory duty or otherwise under, or in connection with, this Agreement is limited to the annual subscription price paid by you to us.
23.5 Nothing in this contract shall limit or exclude our liability for fraud, fraudulent misrepresentation or personal injury or death caused by our negligence.
24. Anti-bribery Contract
You warrant that you shall:
24.1 comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act;
24.2 comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time; and
24.3 promptly report to us any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with the performance of these terms and conditions.
24.4 Breach of this clause 15 shall be deemed a material breach of these terms and conditions.
25. Entire Agreement
25.1 This contract is the entire agreement between the parties on its subject matter. This contract takes precedence over any prior agreement or contract between the parties, including any terms and conditions you may have tried to impose on us.
25.2 Neither party may rely on a prior statement or representation (including innocent and negligent representation).
26. General
26.1 These Terms & Conditions shall be governed by, and construed in accordance with, the Ghanaian law and the court of Ghana shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms & Conditions unless EXOGAS shall elect to bring proceedings in the courts of the country of the user’s residence or of principal place of business.
26.2. These Terms & Conditions, as varied by EXOGAS from time to time form the entire understanding between us. Headings in these Terms & Conditions are for convenience only and will have no legal meaning or affect.
26.3. No delay or indulgence by EXOGAS in enforcing the provisions of these Terms & Conditions shall affect EXOGAS’ rights under them nor shall any waiver of EXOGAS rights operate as a waiver of any subsequent breach.
26.4. No right, power or remedy conferred upon or reserved for EXOGAS is exclusive of anyother right, power or remedy available to EXOGAS provided either under these Terms & Conditions or as a matter of law and each such right, power or remedy shall be cumulative.
26.5. You may not assign sub-license or otherwise transfer any of your rights or obligations under these Terms & Conditions.
26.6. If any provision of these Terms & Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain valid and enforceable.
26.7. Nothing in these Terms & Conditions shall operate to exclude liability that cannot as a matter of law be excluded and in particular, and notwithstanding the limitations of liability set out above, our liability for death or personal injury caused by our negligence shall not be excluded or limited in any way.