DFH Ghana Properties – Terms of Service
Last Updated: 09.11.2022
Welcome to the DFH Ghana Properties Platform services! Please read these Terms of Service (“Agreement”) carefully. Your use of the website and our other Services constitutes your consent to this Agreement.
This Agreement is between you and DFH Ghana Properties Platform services concerning your use of or access to the Platform website and P&S. DFH Ghana Properties Platform services is referred to in this Agreement as “DFH Ghana” or “we” or “us”. Please note that this Agreement hereby incorporates by reference any additional terms and conditions we post through the Service or otherwise make available to you.
BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT (WHICH IS 18 YEARS).
1. Information Submitted Through the Service. Your submission of information through the Service is governed by DFH Ghana Privacy Policy (“Privacy Policy”). You represent and warrant that any information you provide in connection with the Service, including Listings and other Submissions (each, as defined below), is and will remain accurate and complete, and that you will maintain and update such information as needed.
2. Our Rules. You agree that you will comply with all of our Registration and Platform rules, as updated by us from time to time, located at https://dfhghanaproperties.com/wp-content/uploads/2021/05/DFH-Instructuctions-Guide.pdf. This guideline contains, all the information and what is required of you.
3. Registration; User Names and Passwords. You may need to register to use all or part of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are your account credentials and must be kept confidential. You are responsible for any and all activity on any account you register using your account credentials. You must immediately notify us if you believe that your account credentials have been compromised. If you register using a social media network, you authorize us to access, use, disclose and retain, in accordance with our Privacy Policy, the information that we receive from the social media network in connection with your registration.
4. Listings. The Service includes a forum where users may post and browse listings for real estate and other services (each a “Listing”). Such Listings are provided by users, and not by us. APART FROM THOSE MARKED ‘’DFH GHANA PROPERTY’’, WE DO NOT SELL, RENT OR OTHERWISE MAKE AVAILABLE ANY REAL ESTATE OR SERVICES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH LISTINGS, FOR ANY TRANSACTIONS LISTINGS (EXCEPT AS SET FORTH IN THIS AGREEMENT) AND SUCH LISTINGS DO NOT CONSTITUTE AN OFFER FROM THE DFH GHANA. PLEASE USE CAUTION AND COMMON SENSE WHEN BUYING, SELLING, LEASING, OR OTHERWISE PARTICIPATING IN ANY TRANSACTION REGARDING A LISTING, OR MAKING OR RECEIVING PAYMENT FOR ANY LISTING.
The availability or promotion of a Listing through the Service does not imply our endorsement of the Listing or the provider. We make no representations whatsoever about any Listings, or any users. Information about and the availability of any Listing are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, delivery, receipt, possession and use of the subject of any Listing. We reserve the right to remove any Listing for any reason.
5. Submissions. You may submit information that could be used to personally identify you through Listings and Other services, the creation of profile pages, submissions in dashboard, connection via a social network, message boards, chat, comments, or various other interactive channels of the Service (each, a “Submission”). You are responsible for any Submission you make. We have no control over and are not responsible for any use or misuse (including any distribution) by any third party of your Submissions.
6. Monitoring. We may (but have no obligation to) monitor (either directly or using software), evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. Subject to our Privacy Policy, you agree that we may disclose any and all information regarding your access to and use of the Service to anyone for any reason or purpose.
7. DFH Ghana’s Proprietary Rights. We own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include DFH Ghana Properties and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
8. Third Party Materials. Though your use of the Service, you may have access to certain information, products, services and other materials made available by third parties, including Listings and other Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials.
We do not control or endorse, and are not responsible for, any Third Party Materials and make no representations or warranties about them. We may not monitor Third Party Materials, and we may block or disable access to any Third Party Materials through the Service at any time. The availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of Third Party Materials.
YOU USE THIRD PARTY MATERIALS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS OR POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
9. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.
10. Disclaimer of Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU BY US ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES BY DFH GHANA OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) DFH GHANA DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY LISTINGS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH DFH GHANA AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
We do not guarantee that the Service is or will remain available updated, complete, correct, secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors, and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at admin@dfhghanaproperties.com with a description of such alteration and its location on the Service.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) DFH GHANA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, DFH GHANA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY LISTINGS OR TRANSACTIONS OR TRANSFERS RELATING TO LISTINGS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF DFH GHANA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO DFH GHANA TO USE THE SERVICE. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH DFH GHANA AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
12. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless DFH Ghana and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Listings, transactions or transfers relating to Listings, or disputes with other users of the Service; and (c) any violation or alleged violation of this Agreement by you.
13. Termination. This Agreement is effective until terminated. DFH Ghana may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason. Upon any such termination or suspension, your right to use the Service will immediately cease, and DFH Ghana may take technical and/or other measures to block your access to the Service..
14. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of GHANA regardless of your location. Any claim you may have against DFH Ghana must be submitted to the exclusive jurisdiction of the competent court in Ghana. Any judicial matters between seller and buyer would be settled by the laws of where this company is fully registered.
15. Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to admin@dfhghanaproperties.com or WhatsApp us on +233 500 390 326. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
16. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
17. Payments. All payments for membership by (Landlords, Agents, and Agency) are handled either by Bank Deposit/Transfer or by Mobile money.
WE ARE NOT RESPONSIBLE FOR ANY PAYMENTS MADE BY A BUYER OR RECEIVED BY A SELLER USING OUR PLATFORM.
18. Rights and Obligations.
i) Sellers must accurately describe the item they are selling, disclose any defects or damage, and take photographs of the item being sold that accurately reflect the item’s condition.
ii) Buyers/ Renters is recommended to pay for their rent or property/Land by Bank Deposit/Transfer and keep the receipt safely.
Iii) Buyers should always take a physical tour of property or land before making any decision to purchase it. (Warning: Video of Property or Land shown on YouTube or Virtual Tour is not enough).
iv) Neither buyer nor seller can use our logo, name or any other intellectual property. Doing this could result in legal action being taken by DFH Ghana.
19. Disputes. In the event of a problem, the buyer has the opportunity to raise a dispute within 48 hours of receipt of the item. The process will be as follows:
i) The buyer and seller must first attempt to resolve the issue directly.
ii) If the issue is not resolved within 7days, either the buyer or seller can escalate the issue to DFH Ghana Administrator admin@dfhghanaproperties.com who will contact both and try to solve the issue.
iii) If the disputes cannot be solved a legal action need to taken by either the seller or the buyer. (DFH Ghana always protects its buyers).
20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and DFH Ghana. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and DFH Ghana relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DFH Ghana relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The DFH Ghana will not be responsible for any failure to fulfil any obligation due to any cause beyond its control.