TERMS OF USE


ACCEPTANCE OF TERMS OF USE
Welcome to the Ghana Business Consultations Portal (‘BCP’ or 'the Portal’)!
In exchange for your use of the Portal, you agree to be bound and abide by the following Terms of Use ("TOU"). Your use of the Portal constitutes your acceptance of the TOU and any posted guidelines or rules applicable to particular features ("feature guidelines") which may be posted on the Portal from time to time. All such feature guidelines shall be considered part of the TOU.
BCP (representing the Government of the Republic of Ghana) may add to, delete or modify any or all of the terms and conditions in the TOU (including the feature guidelines) at any time without notice to you.

DESCRIPTION OF BCP'S SERVICES BCP is the Government's Feedback Unit. We aim to gather and gauge ground sentiments, engage citizens and promote active citizenry. Our feedback platforms, including the BCP Portal and the BCP social media pages, provide channels for you to share your feedback with the Government. Feedback received is read by BCP staff, and forwarded to relevant agencies. We also facilitate communication between citizens and agencies by proactively initiating discussion on various policies and regulations.

While some features of the Portal are available without login, some features or parts of the Portal (such as the Discussion Forum) require you to login using your registration credentials. You may end your session on the Portal by clicking Logout.

By logging in as such, you understand and agree to BCP receiving all information about you. This information includes your public profile information and your email address. If you provide your email address during registration, BCP may from time to time send you emails (including email invitations to events and informational emails, as well as follow-up emails and email replies to comments and queries posted, submitted or otherwise contributed by you), and you agree to receiving all such emails.

You may withdraw your consent by sending an email to info@bcp.gov.gh indicating your name and email address, and stating that you no longer wish to receive emails from BCP. BCP shall, upon receipt of such notice, cease the sending of further emails to you.You shall be responsible for all access to and use of the Portal through your credentials, whether or not the account was actually operated by you.

You shall:

  • immediately notify BCP of any unauthorised login to the Portal or any other BCP of security, and
  • ensure that you "log out"/ exit at the end of each session by logging out from your account.
BCP will not be liable for any loss or damage caused to you or any other party arising from your failure to comply with this term.

You are solely and entirely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post, display or otherwise make available on or via the Portal (including Content submitted or posted in BCP’s Online Survey, Discussion Forum, Public Consultation, Replies from Ministry, Department or Agency, Poll and in all other parts of the Portal, as well as Content that is privately transmitted to the BCP administrator). For the avoidance of doubt, any Content that is submitted, posted, displayed, or otherwise made available via the Portal using your internet account, shall be deemed to be Content submitted, posted, displayed or otherwise made available by you. You agree that although BCP is not responsible for, and does not endorse, Content posted within the Portal it may exercise its right to to pre-screen, monitor, edit or remove any such Content that in the unilateral opinion of BCP does not guarantee the accuracy, integrity or quality of such Content.

Under no circumstances will BCP be liable in any way for any Content posted, emailed, transmitted or otherwise made available on or via the Portal, including 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 Content posted, emailed, transmitted or otherwise made available on or via the Portal. You must evaluate and bear all risks associated with the use of any Content on the Portal, including any reliance you intend to place on the accuracy, completeness, or usefulness of such Content. You rely on such Content at your own risk.
The Portal contains content owned or licensed by BCP (“BCP Content”). BCP Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and BCP, BCP owns and retains all rights in the BCP Content and the Portal. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BCP Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the BCP Content.

The BCP name and logo are trademarks of BCP, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BCP. You shall not use the Portal to, or when using the Portal, shall not:

  1. upload, post, email, transmit or otherwise make available any Content that:-
    1. is or may be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, religiously, ethnically or otherwise objectionable, untrue, irrelevant to BCP's purposes or irrelevant to the discussion(s) on which the Content is made available. BCP has the sole discretion to decide if any Content falls within these said categories and delete same if need be without notice to you.
    2. infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any party, or that you do not have a right to publish or otherwise make available under any law or under contractual or fiduciary relationships
    3. contains any unsolicited or unauthorised advertising and promotional materials, commercial or otherwise, including links to Portals containing such materials. For purposes of this clause, "advertising and promotional materials" includes surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages etc
    4. 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
    5. repeats any Content in its exact form which you had previously uploaded, posted, emailed or transmitted on or through the Portal; or
    6. reproduces Content created by parties other than yourself;
  2. use or create a false identity (including but not limited to, use of a pseudonym, impersonation of any person or entity, or otherwise referring to yourself using descriptive word/s or word/s which do not appear to us to be your actual name or derived from your actual name), or falsely state or otherwise represent your affiliation with a person or entity, or use any identity or name which is not in compliance with our policy on use
  3. do anything that may be disruptive of other users' engagement in discussions, dialogue or other exchanges on the Portal, or otherwise act in a manner that negatively affects the user experience of other users of the Portal;
  4. threaten, stalk or otherwise harass any other user of the Portal or any person employed by BCP;
  5. restrict or inhibit any other person from using the Portal;
  6. do anything which could interfere with, disrupt, disable, overburden or impair the proper working or appearance of the Portal or the servers or networks connected to the Portal;
  7. disobey any requirements, procedures, policies or regulations of networks connected to the Portal;
  8. collect or store personal data of any other user of the Portal, or invite any other user to disclose his/her personal data to you or to any other person/s (whether such disclosure is made on the Portal or in any other way);
  9. disclose your contact information (or the contact information of any other person) on or through the Portal or any part thereof; or
  10. solicit login information or access the Portal using the account of any other person.
BCP shall have the right (but not the obligation) to delete, disallow or move any Content from the Portal, as it sees fit, in particular any Content which, in BCP's view, violates any of the terms of the TOU.

BCP may preserve all or such part of the Content as it sees fit, and may also disclose all or any part of the Content to any person or organization if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • comply with legal process;
  • enforce the TOU against any user of the Portal;
  • investigate and respond to claims that any Content violates the legal rights of any party; or
  • protect the legal rights, property, and/or personal safety of any party.

BCP does not claim ownership of any Content you submit, post, display or otherwise make available on or via the Portal. For any Content in which the intellectual property rights are owned by you, you hereby grant to BCP a world-wide, royalty free, transferable, sub-licensable, non-revocable and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in any forum and for any purpose. This would include using such Content in any publicity materials for the Portal and in any medium (including the mass media, internet posts, printed and e-mail communications and so on).

All data and information obtained by BCP about you as a result of your use of the Portal are subject to our Privacy Policy. BCP may, in its absolute discretion, amend the Privacy Policy from time to time without prior notice. The latest Privacy Policy will be posted on the Portal.

INDEMNITY You shall fully indemnify and hold the Government of the Republic of Ghana (of which BCP is a part), its officers, agents, contractors and employees, harmless against any and all claims, demands, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against, suffered or incurred by it/them arising directly or indirectly from your access to or use of the Portal (including any Content you submit, post, transmit or make available through the Portal) either locally or internationally, your BCP of any of the terms of the TOU, or your violation of the rights of another in connection with your use of the Portal.

BCP may establish general practices and limits concerning use of and storage of materials on the Portal, including the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Portal, the maximum number of email messages that may be sent from or received by an account on the Portal, the maximum size of any email message that may be sent from or received by an account on the Portal, the maximum disk space that will be allotted on BCP's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Portal in a given period of time.

BCP has no responsibility or liability for its deletion or decision not to store any messages and other communications or other Content maintained or transmitted by the Portal. You further acknowledge that BCP may change these general practices and limits at any time, as it sees fit, without notice.

BCP may at any time modify or discontinue, temporarily or permanently, the Portal (or any part thereof) without notice. BCP shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal.

BCP may, under the following circumstances, without notice to you and without any obligation to disclose the reason/s for termination, terminate your access to all or any part of the Portal:

  • in the event of your BCP of any of the terms of the TOU,
  • pursuant to a request by a law enforcement or other government agency,
  • pursuant to a request by you ,
  • if it is necessary to facilitate, or is as a result of, BCP's decision to discontinue or make a material modification to the Portal (or any part thereof),
  • as a result of technical issues or problems with the Portal, and/or if
  • you have been inactive or have otherwise ceased to use the Portal or any of its features, for an extended period.

Termination of access includes:

  • removal of access to all features within the Portal, including but not limited to BCP's Online Survey, Discussion Forum, Highlights, Replies to Feedback, Newsroom, Quick Poll and Feedback Groups, and/or
  • barring further use of the Portal.
BCP shall have the sole discretion to determine whether any of the above circumstances exist, and whether to terminate your access as a result. BCP shall not be liable to you or any other party for any termination of your access to all or any part of the Portal.

The Portal may contain links to other World Wide Web sites or resources not maintained by BCP ("the links"). BCP reserves all rights to remove, replace or disable any links at its absolute discretion (though it is not compelled to do so), if those links are connected to Portals or resources containing material or information which, in the opinion of BCP, infringes the TOU in any way.

BCP is not responsible for the availability of the Portals or resources connected with the links ("the linked Portals"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from the linked Portals. BCP shall not be liable to you or any other party for any damage or loss whatsoever, including, loss of goodwill, profits, lost or corrupted or damaged Content, or damage to your computer, software or other property, arising directly or indirectly from access to the linked Portals, or the removal of any links.

Notices to you may be made via either email or regular mail. The Portal may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Portal.

The Portal is provided "as is," with no warranties whatsoever. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. BCP disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in the Portal.

Under no circumstances shall BCP be liable to you on account of your use or misuse of and reliance on the Portal. Such exclusion of liability shall apply whether the damages arise from use or misuse of and reliance on the Portal, from inability to use the Portal, or from the interruption, suspension, or termination of the Portal (including such damages incurred by third parties). BCP shall also not be liable to you if any information or material submitted, posted or otherwise contributed by you, fails or ceases to appear on the Portal.

The use of the Portal and any questions or dispute arising from the use of the Portal shall be construed in accordance with the laws of the Republic of Ghana and you agree to submit to the exclusive jurisdiction of the Ghana courts.