Pursuant to the provisions of section 11 of the electronic communications and transactions, 2008 ( ACT 775) and the common law provisions relating to contracts, these terms and conditions are valid, binding and enforceable against all persons that access the CvHolder website ("the website"), web pages or any part(s) thereof.
If you do not agree to be bound by these terms and conditions you must leave the website immediately as further use will automatically bind you to these terms and conditions.
Definitions and interpretation A) "the website" means the CvHolder website, including any part or element thereof; B) "CvHolder" means CvHolder Limited a company with registration number CS061322020 of C1 Alfredsco Estate, Okpoi Gonno, Accra in the Republic of Ghana. C) "user" means any person who enters or uses the website, notwithstanding the fact that such a person only visits the home page of the website; D) references herein to the singular includes the plural and vice versa; and E) hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of ACT 775 (2008). The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.
1. General CvHolder is a web platform created to offer opportunity to jobseekers and employers to meet and to transact the business of employment/recruitment for their mutual benefits.
Jobseekers are responsible for creating or uploading their CVs. CvHolder will validate significant statements of fact made by Jobseekers and then make CVs visible to employers globally. Where a jobseeker wishes to limit the visibility of her CV, the access level can be managed in the jobseekers account section of the CvHolder website, and jobseekers can choose to have their profiles visible to all employers or visible on a permission basis to employers.
It is the jobseeker’s responsibility to make their profile inactive through the technical manager should they wish not be contactable for a period of time.
2. Allowed use and license
2.1 CvHolder licenses the user to view, download, and print the content of the website, provided that such content would be used for private, personal, educational, and/or non-commercial purposes only.
2.2 content from the website may not be used or exploited by users for any commercial and non-private purposes without the prior written consent of CvHolder.
2.3 users may only access, browse and use the website for legitimate personal or commercial purposes and may not use the website or any CvHolder services and/or products for:
2.3.1 harmful purposes;
2.3.2 illegal purposes;
2.3.3 disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or
2.3.4 the creation, storage and sending of unsolicited commercial communications.
2.4 the caching of the website shall only be allowed if:
2.4.1 the purpose of the caching is to make the onward transmission of the content from the website more efficient;
2.4.2 the cached content is not modified in any manner whatsoever;
2.4.3 the cached content is updated at least every 24 (twenty-four) hours; and
2.4.4 the cached content is removed or updated when so required by CvHolder.
2.5 if any user uses content from the website in breach of the provisions detailed herein:
2.5.1 CvHolder reserves the right to claim damages from the user;
2.5.2 CvHolder reserves the right to institute criminal proceedings against the user; and
2.5.3 CvHolder shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the user or any third party who obtained any content from the user.
2.6 hyperlinks to the website from any other source shall be directed at the home page of the website. Links beyond the CvHolder home page may only be used with CvHolder’s prior written consent.
2.7 CvHolder shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the website, if such content, products or services was accessed through a hyperlink not directed at the home page of the website. Persons that wish to link to pages beyond the home page of the website without CvHolder's prior written consent shall do so at their own risk and indemnify CvHolder against any loss, liability, or damage that may result from the use of such hyperlinks. CvHolder's non-liability for deep linking is because deep links bypass these terms and conditions.
2.8 users may quote small and reasonable amounts of content available from the website and only if such a quote is placed in inverted commas and acknowledged.
2.9 no person may, without the prior written consent of the CvHolder, frame the website in any manner whatsoever.
2.10 apart from bona-fide search engine operators and use of the search facility provided on the website by users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the website for any purpose whatsoever, without the prior written consent of the CvHolder.
2.11 e-mail addresses, names, telephone numbers, and fax numbers published on the website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the website may be used to communicate unsolicited communications to CvHolder and all rights are reserved.
2.12 all licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by CvHolder at any time without prior notice or reasons.
3. Intellectual property rights 3.1 all intellectual properties on the website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to CvHolder and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the user in clause 2, all other rights to intellectual property on the website are expressly reserved.
3.2 no person may use logos, icons, or trade marks from the website as hyperlinks or other purposes without CvHolder's prior written consent.
4. Software and equipment It is the responsibility of the user to acquire and maintain, at his own expense, the necessary computer hardware, software, communication lines and internet access accounts required to access the internet and the website and/or download content from the website.
5. Disclosures required by section 38 of ACT 775 These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the website.
Access to the services, content, software and downloads available from the website may be classified as "electronic transactions" and therefore users have the rights and CvHolder has, amongst others, the duty to disclose the following information:
5.1 the full name and legal status of the website owner: CvHolder Ltd;
5.2 office bearers – directors etc.
5.3 street address: C1 Alfredsco Estate, Okpoi Gonno, Accra;
5.4 postal address: AN 5021, Accra North;
5.5 physical address for receipt of legal service: C1 Alfredsco Estate, Okpoi Gonno, Accra;
5.6 telephone number: +233
5.7 membership of self-regulatory authority: online publishers association;
5.8 code of conduct: none;
5.9 main business: CvHolder is a web platform created to offer opportunity to jobseekers and employers to meet and to transact the business of employment/recruitment. Main focus is to be a virtual repository of CVs for employers to access.
5.10 services: the website makes CVs available to employers and advertising space to employers, recruiters and employment agencies who wish to advertise employment positions online as well to jobseekers who wish to advertise their credentials for a fee.
5.11 payment: mobile phone money transfer, credit card, debit card and direct deposit payments;
5.12 costs: as may be published on the website from time to time;
5.13 full record of transactions: available to members through username and password login;
5.14 the address of the website is: http://www.CvHolder.com
5.15 termination of agreement: for recruiters, employment agencies and employers who subscribed for advertising space - through 1 (one) month’s prior written notice and subject to the credit terms of CvHolder; for jobseekers who subscribed for advertising space – through 1(week) prior written notice.
5.16 security features: secure communications via ssl, authentication via digital certificates and username and password login;
5.17 the official e-mail address of the website is: info@CvHolder.com;
5.18 alternative dispute resolution: subject to urgent and/or interim relief, all disputes regarding:
5.18.1 access to the website;
5.18.2 the inability to access the website;
5.18.3 the services and content available from the website; or
5.18.4 these terms and conditions
Shall be referred to arbitration in terms of The Alternative Dispute Resolution Act 2010, Act 798 of Ghana and such arbitration proceedings shall be conducted in Accra in the English language. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
5.19 Any party who is not satisfied with the arbitration proceedings and or rulings shall have the right to seek further redress under the relevant and applicable laws within the Ghana within the Ghana legal system.
5.20 users may lodge complaints concerning the website with CvHolder at info@CvHolder.com;
6. Changes and amendments CvHolder reserve the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the website;
6.3 discontinue any aspect of the website or service(s) available from the website; and/or
6.4change the software and hardware required to access and use the website.
7. Privacy 7.1 CvHolder shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, "personal information" shall be defined as detailed in The Data Protection Act, 2012
7.2 CvHolder may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 area code;
7.2.3 street address;
7.2.4 postal address;
7.2.6 contact numbers;
7.2.7 non-personal browsing habits and click patterns;
7.2.8 e-mail address; and / or
7.2.9 IP address.
7.3 CvHolder collects stores and uses the above-mentioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide services to the User as requested by the User;
7.3.3 Authenticate the User;
7.3.4 Provide the User with access to restricted pages on this website; and
7.3.5 Compile non-personal statistical information about browsing habits, click-patterns, and access to the Website.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 CvHolder may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 CvHolder shall not disclose personal information from Users unless the User consents thereto;
7.5.2 CvHolder shall disclose personal information without the User’s consent only through due legal process; and
7.5.3 CvHolder may compile, use and share any information that does not relate to any specific individual.
7.6 CvHolder own and retain all rights to non-personal statistical information collected and compiled by CvHolder.
8. Hyperlinks to third party sites
8.1 CvHolder may provide hyperlinks to websites not controlled by CvHolder ("other sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such other sites.
8.2 CvHolder does not editorially control the content, products and/or services on other sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use content available on or through other sites.
9.1 CvHolder shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, CvHolder does not make any warranties or representations that content shall be 100% safe or secure.
9.2 Subject to the provisions of ACT 775 2008, as may be applicable, CvHolder is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Website.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
9.4 Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold CvHolder harmless against any and all liabilities, damages, risks and losses that CvHolder and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
9.5 Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Website and CvHolder reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
9.6 Users who commit any of the offences detailed in ACT 775 (2008) shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by CvHolder and its partners / affiliates due to or related to these illegal actions.
10. Disclaimer and Limitation of Liability 10.1 Subject to the provisions of ACT 775 (2008), if applicable, and as far as allowed by law, CvHolder (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the Website;
10.1.2 access to websites linked to the Website;
10.1.3 inability to access the Website;
10.1.4 inability to access websites linked to the Website;
10.1.5 content available on the Website;
10.1.6 content posted to the Website by Users;
10.1.7 services available from the Website;
10.1.8 products available from the Website;
10.1.9 downloads and use of content from the Website; and/or
10.1.10 any other reason not directly related to CvHolder's gross negligence.
10.2 The CvHolder website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with the CvHolder, that the content available from and through the Website meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of CvHolder and Users are encouraged to seek the requisite professional advice before taking any course of action relating to the information, ideas or opinions expressed on the Website.
10.4 CvHolder does not make any warranties or representations that content and services available from the Website shall, in all cases, be true, correct or free from any errors. CvHolder shall take all reasonable steps to ensure the quality and accuracy of content available from the Website.
10.5 CvHolder does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of the CvHolder, including, but not limited to virus infection, unauthorised access (hacking), power failure or other "acts of God” or force majeure."
11. Removal and Correction of Content Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Website to CvHolder and CvHolder undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. Interception of Communications
12.1 Subject to the provisions of ACT 775 (2008), the User agrees to the CvHolder’s right to intercept, block, filter, read, delete, disclose and use all communications (including all "data messages" as defined in the ECT Act) sent or posted by the User to the Website, its staff and employees. 12.2 The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the "writing" requirement as detailed in ACT 775 (2008).
13. Entire Agreement and Severability.
13.1 These terms and conditions constitute the entire agreement between CvHolder and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by CvHolder from the User.
13.2 Any failure by CvHolder to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. Agreement in Terms of ACT 775 (2008) The User and CvHolder agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Accra (Ghana) at the time the User enters the Website for the first time;
14.2 data messages (as defined in ACT 775 (2008)) addressed by the User to CvHolder shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in ACT 775 (2008)) addressed to the User by CvHolder shall be deemed to be received by the User as detailed in ACT 775 (2008)
14.4 data messages (as defined in ACT 775 (2008)) addressed by the User to CvHolder shall be deemed to have been created and sent by the User from within the geographical boundaries of Ghana;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and the CvHolder; and
14.6 the User agrees and warrants that data messages that are sent to CvHolder from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
15. Applicable and Governing Law The CvHolder website is controlled and operated from the Republic of Ghana and therefore, subject to clause 5.10, shall be regulated by the laws of Ghana and enforceable by Ghanaian courts in relation to the use or inability to use the Website, its content, services, products and all other terms and conditions herein.
16. Legal Costs CvHolder shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.