TERMS AND CONDITIONS OF THE MODERN STAR SHER ENTERPRISE WEB AND MOBILE APPLICATION

These Terms and Conditions govern the use of Modern Star Sher Enterprise Application (the "Application"). By using this Application, you agree to comply with these Terms and Conditions. Please read this document carefully.

Contact Information: 

Modern Star Sher Enterprise 

Post Office Box 1581, Adubiyili-Tamale, Ghana

+233(0) 24 498 6323

www.modernstarsher.org

info@modernstarsher.org

What the User should know at a glance 

• Certain provisions in these Terms may apply to specific categories of Users, such as Consumers or Business Users. These distinctions will be explicitly mentioned in relevant clauses.
• The right of withdrawal (or right of cancellation in the UK) applies only to European Consumers. This right is referred to as "the right of withdrawal" throughout this document.

 

TERMS OF USE

Unless otherwise specified, the terms outlined in this section apply generally to the use of this Application. Additional terms may apply in specific scenarios, and such conditions will be indicated as necessary.

 By using this Application, Users confirm they meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users.

Account Registration: 

To use the Service, Users must register or create an account by providing accurate and complete information. Failure to do so will result in the unavailability of the Service. Users are responsible for maintaining the confidentiality and security of their login credentials. Users must choose strong passwords and are fully responsible for all activities that occur under their account. If Users suspect that their account or personal information has been compromised, they must promptly notify Modern Star Sher Enterprise using the contact details provided.

Account Termination: 

Users may terminate their account and cease using the Service at any time by contacting Modern Star Sher Enterprise using the details provided above.

Account Suspension and Deletion: 

Modern Star Sher Enterprise reserves the right to suspend or delete accounts at its discretion, without notice, if it deems the account inappropriate, offensive, or in violation of these Terms. Such suspension or deletion does not entitle Users to compensation or reimbursement.

Content on the Application: 

Unless specified otherwise, all content on this Application is owned by Modern Star Sher Enterprise or its licensors. Modern Star Sher Enterprise strives to ensure that the content complies with legal provisions and does not infringe on third-party rights. Users should report any concerns about content using the contact details provided.

Intellectual Property Rights: 

Modern Star Sher Enterprise retains all intellectual property rights for the content on this Application. Users may not use the content beyond what is necessary for the proper use of the Service. This includes restrictions on copying, downloading, modifying, sharing, or creating derivative works. Users may only use the content as explicitly allowed by the Modern Star Sher Enterprise for personal, non-commercial purposes, and must comply with copyright and attribution requirements.

Content Provided by Users: 

Users may upload, share, or provide their own content to this Application. By doing so, Users confirm they have the legal right to do so and that their content does not infringe any statutory provisions or third-party rights.

Rights Regarding User-Provided Content: 

By providing content to the Application, Users grant Modern Star Sher Enterprise a non-exclusive, royalty-free license to use the content for the operation and maintenance of the Application. Users waive any moral rights related to their content to the extent permitted by law. User-provided content is subject to the same conditions as content provided by Modern Star Sher Enterprise.

Liability for User-Provided Content:

Users are solely responsible for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that Modern Star Sher Enterprise does not filter or moderate such content. However, Modern Star Sher Enterprise reserves the right, at its sole discretion, to:

• Remove, delete, or block any content if a complaint is received.
• Remove or block content if a notice of intellectual property infringement is received.
• Comply with an order from a public authority to remove or block content.
• Remove, delete, or block content if it is determined that such content poses a risk to Users, third parties, or the availability of the Service.

The removal, deletion, or blocking of content does not entitle Users to any compensation, damages, or reimbursement. Users agree to indemnify and hold Modern Star Sher Enterprise harmless from any claims or damages resulting from content they provided to or through this Application.

Access to External Resources:

This Application may provide access to external resources provided by third parties. Users acknowledge that Modern Star Sher Enterprise does not control these resources and is not responsible for their content or availability. Conditions applicable to third-party resources, including any rights to content, are governed by the third parties’ terms and conditions or, in their absence, by applicable statutory law.

Acceptable Use:

Users must use this Application and the Service only for their intended purposes and in accordance with these Terms and applicable law. Users are responsible for ensuring that their use of the Application and/or the Service complies with all relevant laws, regulations, and third-party rights. Modern Star Sher Enterprise reserves the right to take appropriate measures to protect its interests, including:

• Denying access to the Application or Service.
• Terminating contracts.
• Reporting misconduct to appropriate authorities.

Prohibited activities include, but are not limited to:

• Violating laws, regulations, or these Terms.
• Infringing on third-party rights.
• Significantly impairing the Owner’s interests.
• Offending the Owner or any third party.

Software License:

All intellectual property rights and exclusive rights to the software and technical applications related to this Application are held by Modern Star Sher Enterprise and/or its licensors. Modern Star Sher Enterprise grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and related technical means solely for the purposes of this Application and Service, subject to Users’ compliance with these Terms.

This license does not grant Users rights to access, use, or disclose the source code. Modern Star Sher Enterprise and its licensors retain all rights to techniques, algorithms, and procedures in the software and related documentation.

Upon termination or expiration of the Agreement, all rights and licenses granted to Users will terminate. Users may download, install, and use the software on one device that is common and up-to-date with technology and market standards. Modern Star Sher Enterprise may release updates, fixes, and further developments of the Application and its software. Users may need to download and install these updates to continue using the Application and software. 

Liability and indemnification

Disclaimer of Warranties:

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, Modern Star Sher Enterprise expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Modern Star Sher Enterprise or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, Modern Star Sher Enterprise, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users' own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

Modern Star Sher Enterprise does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Modern Star Sher Enterprise shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Modern Star Sher Enterprise cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability:

To the maximum extent permitted by applicable law, in no event shall Modern Star Sher Enterprise, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of Modern Star Sher Enterprise’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

In no event shall Modern Star Sher Enterprise, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Modern Star Sher Enterprise hereunder in the preceding 12 months, or the period of duration of this agreement between Modern Star Sher Enterprise and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Modern Star Sher Enterprise has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification:

The User agrees to defend, indemnify and hold Modern Star Sher Enterprise and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver:

Modern Star Sher Enterprise’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption:

To ensure the best possible service level, Modern Star Sher Enterprise reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Modern Star Sher Enterprise may also decide to suspend or terminate the Service altogether. If the Service is terminated, Modern Star Sher Enterprise will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Modern Star Sher Enterprise’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns or blackouts, etc.).

Service reselling:

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without Modern Star Sher Enterprise’s express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy:

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights:

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of Modern Star Sher Enterprise or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of Modern Star Sher Enterprise or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms:

Modern Star Sher Enterprise reserves the right to amend or otherwise modify these Terms at any time. In such cases, Modern Star Sher Enterprise will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from Modern Star Sher Enterprise.

If required by applicable law, Modern Star Sher Enterprise will specify the date by which the modified Terms will enter into force.

Assignment of contract:

Modern Star Sher Enterprise reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Modern Star Sher Enterprise.

Contacts:

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability:

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users:

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law:

These Terms are governed by the law of the place where Modern Star Sher Enterprise is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers:

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction:

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Modern Star Sher Enterprise is based, as displayed in the relevant section of this document.

Dispute resolution

Amicable dispute resolution:

Users may bring any disputes to Modern Star Sher Enterprise who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact Modern Star Sher Enterprise at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to Modern Star Sher Enterprise’s email address specified in this document.

Modern Star Sher Enterprise will process the complaint without undue delay and within 21 days of receiving it.