TERMS OF SERVICE



Introduction                                                                                                                                
Thank you for downloading and registering on GNALET, a unique experience in precise navigation. It is a precise navigation application which simply links the geographical address of the user’s home, work place or preferred location to the cell phone number of the user. Gnalet has been developed to assist users in finding the location of their friends, family and businesses via their Gnalet number.
These Terms of Service are an integral part of using our Service, and you must completely agree to them in order to use our Service.


Definitions                                                                                                           
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Gnalet” refers to our application, known as “Gnalet App”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context of the word;
“Agreement” means these Terms of Service;
“Service” refers to the services that we provide through our Site, including our Site itself, and our location identification and sharing service;
“Site” refers to our website, gnalet.com;
“User” refers to anyone who uses or accesses our Site or Service, regardless of whether they are a registered or unregistered user, and for greater certainty, without limiting the generality of the foregoing, includes general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Gnalet.

 

What Gnalet Does
Gnalet permits Users to link their home or business addresses to their telephone numbers and share it privately with third parties or publicly, to help others locate them and vice versa. Our Service is useful for people receiving packages through couriers, communicating with friends or businesses, and others who would find the ability to identify various locations to be useful.

 

Eligibility
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the Republic of Ghana or other countries having jurisdiction over this Agreement, Gnalet, and yourself.
You must be the minimum age required in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must provide us with personal information and other information that we deem necessary to provide you with our Service.
You must only use our Service in conjunction with a mobile or other device, if applicable, which you own or are authorized to use in relation to our Service.

 

Nature of Service
Gnalet believes that its Service is of use to anyone who wishes to provide location information about them. However, we cannot provide any assurances that our Service is appropriate for each individual User. Therefore, you agree that you will be solely responsible for your decision to use our Service, and that you release us from any liability that we might otherwise have to you in relation to the use of our Service.

 

Rules of Use
The following rules apply to anyone who uses our Service. You must not:

  • Violate the laws of the Republic of Ghana, its cities, or any political entity having jurisdiction over this Agreement, whether or not the political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
  • Post or send anything violent, threatening, pornographic, or otherwise objectionable according to the opinion of Gnalet or its delegates.
  • Use our Service to invade the privacy of others (such as using it for private investigation purposes or otherwise marking the location of a third party without that third party’s consent).
  • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
  • Hack, crack, phish, exploit, or otherwise compromise the security or integrity of the Gnalet Site, Service, or its Users’ computers.
  • Use another person’s mobile device in conjunction with Gnalet without that person’s permission.
  • Do anything else which infringes on the rights of a third party, or which could bring Gnalet into disrepute.

 

Mobile Carrier Charges
You may use your mobile device in conjunction with Gnalet. Such use may result in additional data and/or other charges by your mobile carrier and/or other third parties. You agree that you will be solely responsible for bearing any such charges.

 

Geolocation Information
Gnalet may use your geolocation features on your mobile device to identify your location. You hereby acknowledge that we have informed you of this practice, and you agree that we may do so. You also agree that we may be compensated by third parties (such as merchants) for the provision of this and other information to such parties, and that you shall not be entitled to any portion of such compensation.

 

Server Downtime
Gnalet may become unavailable for reasons relating to security, legal compliance, routine server maintenance, or other issues. You agree that we will not be liable for any such unavailability of our Service or any losses arising therefrom, even if we are aware of such downtime ahead of time and do not notify you.

 

Copyright
Gnalet posts certain proprietary content on its Site. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.

 

Your Copyright
Gnalet must be assured that it has the right to use the content that is posted to its Site by its Users, including location data. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sub licensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us. You warrant to us that you have the right to grant us this right over the content and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

 

Trademark
“Gnalet” is a trademark used by us, Aquimiini, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own freelancing website or business.

 

Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

 

Representations and Warranties
We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our services, for reasons including, but not limited to, and failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists.
You agree that we are not responsible in any way for damages caused by third parties who may use our services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We are not responsible for any delayed or missed courier deliveries or other losses which arise from the use of our service. We are not responsible for any mobile carrier charges resulting from the use of our service.
We are not liable for any failure of the services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently.
The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this “representations and warranties” section shall be construed to limit the generality of the first paragraph of this section.

 

For Jurisdictions that do not allow us to limit our liability:
Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

Indemnity
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

Choice of Law
This Agreement shall be governed by the laws in force in the Republic of Ghana. The offer and acceptance of this contract are deemed to have occurred in the Republic of Ghana.

 

Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Republic of Ghana. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the Republic of Ghana.
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you would otherwise be eligible to bring a dispute in the Small Claims Court under this section, but are barred from doing so due to having brought two other claims in the same court in the same year, you agree that you will bring the dispute in the next lowest court of competent jurisdiction and indemnify Gnalet for any increases fees, expenses, costs, or disbursements which are incurred as a consequence of the matter not being heard in the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

 

Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Gnalet shall have the sole right to elect which provision remains in force.

 

Non-Waiver
Gnalet reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

 

Termination and Cancellation
We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

 

Amendments
We reserve the right to make changes to this Agreement from time to time and will try and notify you when we do. You should, however, check this page to make sure of any changes since you will be agreeing to them any time you use our Site or Service.

Last Modified: 10th December, 2014

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