TERMS

Dinpa FM Website Terms and Conditions

General terms and conditions of service for Dinpa FM websites

Please read this carefully. By accessing websites owned, controlled, maintained or operated by Dinpa FM Limited  (including this website) (together the “Sites”) and/or by registering with the Sites you are agreeing to comply with the terms and conditions set out below (which shall include the privacy policy and the Competition terms and conditions (if applicable)) (“Terms”), whether or not you register to use the Site.

If you do not agree to these Terms, please do not use the Sites or register as a user.

Click here www.dinpafm.com/privacy to read our privacy policy.

If you have entered a competition on our sites please click here to read our Competition Terms and Conditions.

1.    Introduction and About Us
The Sites are owned and operated by Dinpa FM Limited company registered in Ghana and with its registered office at Ghana West Africa, in the Brong , regional capital Sunyani Behind Old Taxi Station.  

2.    Access to the Sites
Access to the Sites is permitted on a temporary basis and Dinpa FM reserves the right to withdraw the Sites (in whole or in part) or amend any part of them (including but not limited to content and materials on the Sites and any services made available through them).  Please also see Section 5 below.

Global shall not be liable if for any reason the Sites are unavailable at any time or for any period.

You may only use our Sites or the software and services available through them (including but not limited to the Content and User Generated Content as defined below) (collectively, the “Site Services”) for lawful purposes.  You must not use our Sites or the Site Services:-

(i)    in any way that breaches any applicable local, national or international law or regulation;
(ii)    in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or promotes such purposes;
(iii)    for the purpose of harming or attempting to harm minors in any way;
(iv)    to send, knowingly receive, upload, download, use or re-use any material which is in breach of Section 5 of these Terms; or
(v)    to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).

You are responsible for making any arrangements necessary for you to have access to the Sites.  You are also responsible for ensuring that any persons who access the Sites through your internet connection are aware of these Terms and comply with them.

3.    Use of Content and linking to the Sites
All content and material on the Sites (but for the avoidance of doubt excluding User Generated Content) (the “Content”) belongs to Dinpa FM, or its licensors, and save where otherwise specified users should assume that all Content is owned by Dinpa FM. The Content is protected by copyright laws around the world. Unless expressly stated, no Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, and may only be used for your personal, non-commercial use.  Modification of the Content or other prohibited use of the Content is a violation of Dinpa FM copyright and other proprietary rights. All trademarks, service marks and trade names on the Sites are proprietary to Dinpa FM or its licensors.

In particular, but without limiting the above restrictions, you may not do any of the following without prior written permission from Dinpa FM:-

(i)    redistribute any of the Content (including by using it as part of any library, archive or similar service);
(ii)    remove any copyright or trade mark notice from the Content; or
(iii)    create a database in electronic or structured manual form by downloading and storing all or any of the Content.

You may not create any link from or to our Sites without Dinpa FM prior written consent.  Please contact us if you wish to request permission to link to our Sites.

4.    Registration
As a user, you will be able to access material on most areas of the Sites without going through the registration process.  However, we may restrict access to certain areas of the Sites (e.g. the Forums – see Section 5 below) and you may need to register with us to access such areas.

On registration, you must provide Global with accurate, complete registration information and it is your responsibility to inform Dinpa FM of any changes to that information (including in particular your e-mail address) by using the edit details function available on the Sites with which you are registered. Each registration is for a single user only. On registration, you should choose a user name and password. You should treat your user name and password as confidential. You warrant that you will not impersonate another individual when using the Sites or the Site Services.

Dinpa FM does not permit any of the following:-

(i)    any other person sharing your user name and password; or
(ii)    access through a single name and password being made available to multiple users on a network.

You are responsible for, and will be liable to Dinpa FM for, all use of the Sites made by you or anyone else using your user name and password (collectively, “ID”) and for preventing unauthorised use of your ID. If you believe there has been any breach of security (e.g. the disclosure, theft or unauthorised use of your ID or any payment information), you must notify Dinpa FM immediately at our contact us page.  Dinpa FM will not be liable to you or any third party for unauthorised use of your ID.

If you register to use the free e-mail service on the Sites (if available), you must not use the service to send, or use or re-use any material which is un-lawful, threatening, abusive, libellous or indecent or which infringes copyright or other rights of third parties or which contains any other form of illegal content.  You must not use such service or any other Site Services to send any chain e-mails or Spam.


4.    Reporting offensive/illegal content
Whilst Dinpa FM does not control or monitor the User Generated Content posted to Forums by users, we do not wish to see harmful, offensive or illegal content on our Sites.  If you have any concerns about any Content or User Generated Content that appears on our Site or you believe that such Content or User Generated Content is harmful, offensive or infringes your rights (including without limitation your intellectual property rights), please contact us at our contact us page with the following information in sufficient detail:-

(i)    the location of the harmful/infringing/offensive content on our Site(s);
(ii)    a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorised;
(iii)    a brief description of, and information related to, the copyright work which you believe is infringed; and
(iv)    your contact details.

We will remove any and all Content and User Generated Content (without prior notice to you) if we reasonably believe such Content/User Generated Content to be in breach of these Terms.

7.    Suspension and termination of registration/access to Forums

Global will determine in its discretion whether there has been a breach of these Terms through your use of our Site(s).  When a breach of these Terms has occurred, we may take such action as we deem appropriate.

Failure to comply with these Terms may result in our taking all or any of the following actions:

(i)    immediate, temporary or permanent withdrawal of your right to use our Sites (including our Forums);
(ii)    immediate, temporary or permanent removal of any User Generated Content posted by you to our Site(s);
(iii)    issue of a warning to you;
(iv)    legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v)    further legal action against you;
(vi)    disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms.  The responses described in this Section 7 are not limited, and we may take any other action we reasonably deem appropriate.

8.    News by E-Mail
Dinpa FM may give you the option to subscribe to its e-mail news service. Your use of any information received through the e-mail news service will be subject to these terms.

9.    Viruses, hacking and other offences
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our Sites, the server on which any of our Sites are stored or any server, computer or database connected to or on our Sites.  You must not attack our Site(s) via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.  In the event of such a breach, your right to use our Sites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material Posted on it, or on any website linked to them.

10.    Minors
We advise all parents to speak to their children regarding safety online.

11.    Third Party Sites – software and java security
The Sites contain links to other websites provided by independent third parties (“Third Party Sites”), either directly or through frames. Where possible, Dinpa FM will make clear such links are being made, although Third Party Sites may be co-branded with Dinpa FM and so include Dinpa FM trademarks. Dinpa FM is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites.   In particular, if you use links from the Sites to an authorised connected site not operated by Dinpa FM to download software from the Sites or any other material, files, images or data, you acknowledge and agree that Dinpa FM has no responsibility or liability in connection therewith, and does not transfer title to you.

12.    Limitation of Liability
The Content and any User Generated Content is for your general information and use only and is not intended to address your particular requirements. Whilst Dinpa FM aims to update the Sites regularly, any of the Content or User Generated Content may be out of date and Dinpa FM assumes no responsibility for updating this. In particular, the Content and any User Generated Content does not constitute any form of advice, recommendation or arrangement by Dinpa FM and is not intended to be relied upon by users in making (or refraining from making) any specific decisions. Dinpa FM therefore disclaims all liability and responsibility arising from: (i) any reliance placed on Content or User Generated Content by any visitor to the Sites or by anyone who may be informed of such; and (ii) any arrangements made between you and any third party named on the Sites which are at your sole risk and responsibility.

Because of the number of sources from which Dinpa FM obtains Content and User Generated Content and the nature of electronic distribution via the internet, Dinpa FM does not give any warranties in respect of the Sites or the Site Services.  In particular, the Site Services are provided on an “as is” basis.  To the extent allowed by applicable law, Dinpa FM hereby disclaims all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness.  In addition, Dinpa FM makes no warranty that the Site Services are free from infection by viruses or anything else that has contaminating or destructive properties.

To the fullest extent allowed by applicable law, you agree that Dinpa FM will not be liable to you and/or any third party for (i) any consequential or incidental damages; (ii) loss of business; (iii) loss of income or revenue; (iv) lost profits or contracts; (v) loss of data; (vi) loss of privacy; (vii) loss of goodwill; (viii) failure to meet any duty including but not limited to any duty of good faith; or (vi) for any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Sites or the Site Services or any breach of these Terms by Dinpa FM, even if Dinpa FM has been advised of the possibility of such damages. Notwithstanding the provisions of this section, Dinpa FM



16.    Choice of law & jurisdiction
These Terms shall be governed by, and construed in accordance with, Supreme Law. You irrevocably agree that the courts of Ghana shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the supreme court.  




© Dinpa FM Media Limited 2018