IMPORTANT!
PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY CLICKING THE BUTTON BELOW THAT STATES “I accept this Membership Agreement”, YOU ACCEPT ALL TERMS OF THIS MEMBERSHIP AGREEMENT, AND THIS MEMBERSHIP AGREEMENT WILL BE A VALID AND LEGALLY BINDING DOCUMENT BETWEEN YOU AND J100CODERS Initiative Club.
1. Introduction
Welcome to J100CODERS Initiative Club a not-for-profit organisation registered as company limited by guarantee in the Republic of Ghana, under the companies act, 1963 (Act 179) with registration number CG040132013, with registered address at No. 1 Kpetenplebi Link, Dzorwulu Accra, P. O. Box AT55 Achimota Accra, Ghana, West Africa (collectively, the “Club" or "We" or "Us"). The Club provides membership in the Club to young people between the ages of eight (8) and twenty one (21) years subject to this Membership Agreement ("Membership Agreement").
CAUTION!
Juveniles between the ages of eight (8) years and seventeen (17) years ("Juveniles") MUST have their parent or guardian read this membership agreement and will require proof of parental or guardian consent to be elegible as registered members in the Club.
You must become a registered Member of the Club pursuant to the acceptance of terms and conditions of this Membership Agreement before you may use the services or facilities of the Club. In consideration of being permitted to apply for Club membership and attend Club events, you hereby agree to be bound by all the terms and conditions of this Membership Agreement.
It is critical that you read the Club Membership Application and this Club Membership Agreement in its entirety before purchasing a membership in the Club. It contains important information that (i) addresses prohibited conduct, (ii) outlines economic and other obligations that you agree to assume as a member of, and each time you participate in, the Club, and (iii) highlights certain rights that we reserve so that we can ensure that your membership in the Club will be an enjoyable experience and so that we can remain a responsible member of the community.
Once you read this entire Membership Agreement, if you agree to all of its terms, then click the box below that contains the words "I accept this Membership Agreement". After you "accept" the terms of the Membership Agreement, you may proceed with your purchase of a membership in the Club. You shall be bound by both the terms of the Club Membership Application and this Membership Agreement whenever you participate in Club activities and shall continue to be bound by the provisions of Sections7, 8, 9, 11, 13-15 and 19 from and after the expiration or earlier termination of your Membership. It is your responsibility to read this Membership Agreement and keep apprised of any changes to it. We may update or modify this Membership Agreement at our sole discretion from time to time without prior notice to you. Any updates and modifications that we make to this Membership Agreement will be binding on you even if you choose not to read them. The updates and modifications will be binding on you from the time that we post them; and each time you register for, or participate in, a Club event constitutes your agreement to the most current version of this Membership Agreement and acceptance of all its terms and conditions as stipulated herein. If you don't fully complete the Club Membership Application or accept this Membership Agreement in its entirety, then you will not be granted Club membership, and are not allowed to attend Club functions, or enter the Club premises. If you refuse to accept this contract and enter the Club premises surreptitiously, you agree that your mere entry into the premises constitutes your consent to all contractual provisions of the Membership Agreement.
2. Club Purpose
J100CODERS Initiative Club is a public not-for-profit organisation for both on-premise and online after-school learning activities. You expressly acknowledge that you may be instructed, ordered, commanded, directed, guided, conducted and lead during Club learning activities and are obliged to follow as you may be indicated above. You are aware of the purpose for this Club, and agree that our right to participate in, and be members of, this Club is protected by the Constitution of the Republic of Ghana.
3. Eligibility and Membership
The Club offers membership in the Club to persons who are between the ages of eight (8) and twenty-one (21) years old on or before the date that he or she registers as a Member, or attends an event at our premises or a sponsored premise. By agreeing to the terms and conditions of this Membership Agreement, you represent and warrant to us that you are within the age of 8 and 17 years and that your parents/guardian has fully consented with a prove, or you are between 18 and 21 years old and are authorised to enter into this Agreement. If we determine or suspect, in our sole discretion, that you have misrepresented your age on the Club Membership Application or otherwise, we may, among other things, terminate your Membership without refund, reimbursement, or credit of your membership fees. Your Membership is personal to you, and you shall not assign, sell, give, or otherwise transfer your Membership to anyone else. Your Membership in the Club commences on the day that you complete the Club application process that is required to become a Member or renew an existing Membership (including our receipt of applicable Membership fees). Your Membership will automatically expire at the end of its term, unless terminated earlier pursuant to this Membership Agreement. We reserve the right to extend your Membership beyond the Term. We may, in our sole discretion, decide not to renew your Membership. Your Membership entitles you to all benefits of attendance at Club events both on-premise and online for so long as you are an attendee and Member in good standing. Membership in the Club and permission to attend Club events is contingent on the payment of all applicable fees and the observance of all terms and conditions of this Membership Agreement.
4. Fees and Payments
You agree to pay the Membership fees and any other charges incurred in connection with your Membership in the Club ("Membership Fees") at the rates in effect when the charges were incurred. We will immediately bill all Club charges incurred by you. Parents/Guardians of Juveniles will be billed with charges incurred by their wards. All fees and charges are non-refundable. We may change the fees and charges then in effect, or add new fees or charges, in our sole discretion by giving you notice in advance. You are responsible for all fees and charges that you may incur in connection with your use and enjoyment of the Club facilities, programmes and/or events.
5. Email Messages
You understand that from time to time, the Club may send you email messages about Club events and for the promotion of the Club’s programmes, and you grant the Club permission to contact you via email messages. At any time you may opt-out of receiving e-mail messages from the Club by contacting us at remove@j100coders.org
6. Electronic Contracting
You agree that you shall be bound whenever, after having an opportunity to review the terms applicable to registration for a Club event, you click on or check on “Agree”, “Accept” or other similar button or checkbox, at which time an electronic contract shall be formed. You certify that you intend each electronic contract, including the electronic acceptance, to constitute a legal agreement that is valid, binding and enforceable against you and/or your ward.
7. Cookies
Our server may automatically deposit “cookies” on your computer when you enter the Club’s website or any of our online social learning platforms. Cookies are small files that are sent from the Club’s website server to your computer's hard drive when you visit the Club’s website. We are able to obtain information from these cookies when you revisit the Club’s website as described below. The type of information that we collect as a result of cookies is specific to the computer used and may include the Internet Protocol address, the date and time the computer visited the Club’s website, the specific parts of the Club’s website that were visited, and indications as to whether or not the web pages requested were delivered successfully. We use the cookie information to make your navigation of the Club’s website less cumbersome and to improve the functionality of the website. You can erase or block this information by changing the settings on your computer’s browser(s), although this may affect your ability to access or use the Club’s website effectively.
J100CODERS Initiative Club makes every effort to protect the privacy of its members. The Club will not share your email address or any other personal information or the Club’s Member database with third parties unless in connection with partner organisations, web link or a change of management committee members of the Club, or other transfer of the Club to a third party, or if required by court order. Except as set forth above, your identity will be disclosed only if we become aware of your violation of law and it is required that we do so, or it is necessary for the safety of our Membership. In the event of dissolution of the Club, Club Management may, at its sole discretion and using its good faith judgment that it is in the best interests of the Members, with or without advance notice, disclose Member personal information along with membership and historical attendance data for current and former Members to an entity (and its principals) formed for the purpose of operating after-school learning programme, provided, however, that such entity is owned or controlled by one or more current or former members of the Club and provided, further, that the principals of such entity agree to be bound by and honor the same or substantially similar confidentiality rules as those provided herein. Such transfer of information shall expressly not create nor imply on the party of such new entity an acceptance of successor liability with regard to the existing Memberships of the Club or other liabilities of the Club to its Members. Additionally, any existing Members may or may not be offered Membership in the new club at the sole discretion of the new club's management. Should such information be disclosed in connection with the foregoing, any Member whose information is disclosed may request in writing the deletion of its information from the new entity’s records, following which said information shall be destroyed within five (5) business days. The Club is not responsible for the conduct, acts, or omissions of any Member, or for false or misleading information provided by any Member, and you waive any and all claims, damages, losses or causes of action against the Club arising out of the activities of any Member.
8. Assumption of Risk
YOU ACKNOWLEDGE THAT CLUB EVENTS AND ACTIVITIES OCCURRING AT CLUB EVENTS INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PHYSICAL OR EMOTIONAL INJURY OR DAMAGE TO YOURSELF OR YOUR WARD OR TO THIRD PARTIES. YOU UNDERSTAND THAT SUCH RISKS CANNOT BE ELIMINATED WITHOUT JEOPARDISING THE ESSENTIAL QUALITIES OF CLUB EVENTS. BY PARTICIPATING IN ANY CLUB EVENTS, YOU ACCEPT AND ASSUME THE RISK EXISTING IN THAT EVENT AND ANY ACTIVITIES OCCURRING DURING SUCH EVENT AND ELECT TO PARTICIPATE IN SPITE OF THE RISKS, KNOWN OR UNKNOWN. You agree that neither the Club nor its Committee Members or Members are responsible for your health. All interactions between the Members are by mutual consent, and you should take your health into consideration in making decisions relative to such interactions. You also recognise that the Club cannot evaluate your physical condition and medical limitations as they pertain to participation in Club events, or use of Club gear or your own gear at Club events.
YOU ASSUME ALL RESPONSIBILITY FOR HAVING A THOROUGH MEDICAL EXAM PERFORMED BY A MEDICAL PRACTITIONER OF YOUR CHOICE BEFORE PARTICIPATING IN ANY CLUB EVENTS AND PRIOR TO USING ANY CLUB-PROVIDED GEAR OR EQUIPMENT. YOU ALSO ASSUME ALL RESPONSIBILITY FOR ABIDING BY THE RECOMMENDATIONS OF SAID MEDICAL PRACTITIONER, INCLUDING, BUT NOT LIMITED TO, AS THEY PERTAIN TO LIMITATIONS ON PARTICIPATION IN CLUB EVENTS AND USE OF CLUB-PROVIDED GEAR OR EQUIPMENT. YOU ASSUME ALL RESPONSIBILITY FOR THE WORKING CONDITION (OR LACK THEREOF) OF GEAR OR EQUIPMENT THAT YOU PROVIDE. YOU ARE RESPONSIBLE FOR INSPECTING ALL GEAR AND EQUIPMENT SUPPLIED BY THE CLUB AND IMMEDIATELY INFORMING A MEMBER OF THE CLUB STAFF OF ANY QUESTIONS YOU MAY HAVE ABOUT THE USE OR CONDITION OF SUCH CLUB-SUPPLIED GEAR OR EQUIPMENT.
9. Representation
YOU HEREBY REPRESENT TO US THAT: You have the full consent of your parents/guardian or at least you are eighteen (18) years and not any older than twenty-one (21) years of age at the time of acceptance of this Membership Agreement; All identifying information provided in connection with the Club Membership Application and this Membership Agreement is accurate.
Your application for Membership in the Club is made in good faith for the sole purpose of obtaining Membership in the Club and participating in Club events, and not for any other purpose; and YOU ARE ENTERING INTO THIS AGREEMENT ON YOUR OWN BEHALF IF YOU ARE AT LEAST 18 YEARS AND NOT ANY OLDER THAN 21 YEARS, OR YOU ARE BETWEEN THE AGES OF 8 YEARS AND 17 YEARS UNDER THE SUPPERVISION OF YOUR PARENTS/GUADIAN AND HAVE DULY EVALUATED THE DESIRABILITY OF ENTERING INTO THIS AGREEMENT, AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
10. Member Conduct
No weapons of any kind are permitted on Club property and during the Club’s off premise activities. Possession of weapons of any kind is grounds for immediate termination of Membership. No gambling is allowed at Club events. No bullying is allowed on the Club premises or during Club off premise activities, No harassment, sexual or otherwise, will be permitted in the Club. Any such harassment shall be immediately reported to Club management. If the complaint is justified after internal and independent investigations, the offending party’s Membership may be immediately terminated. No usage of hard/strong words is allowed, or will be tolerated. If you experience any such illegal situation, you will notify Club management immediately by using the Online systems “REPORT MISCONDUCT”, and the offending party’s Membership will be immediately terminated if the complaint is justified after internal and independent investigations. If you intentionally or unintentionally violate any applicable local, state, or national law, regulation, rule or policy while participating in Club events your Membership will be immediately terminated. If you become disorderly and are asked to leave, you will do so immediately, and quietly. Your Membership may be immediately terminated if you fail to do so. If you are asked to leave more than three times in any twelve-calendar month period, your Membership will be immediately terminated. The rules of the Club may be modified at any time at the discretion of the Club’s management.
11. Release and Indemnity
You agree to release, waive, discharge, defend, indemnify, and hold the Club, its subsidiaries, affiliates, officers, employees, agents, volunteers, representatives, Members and other third parties harmless from all liabilities, losses, damages, costs, and expenses (including attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your Membership in the Club, your use of the Club facilities, your attendance at any Club event, and/or your violation of this Membership Agreement, any law or the rights of any third party. You acknowledge that hazards are inherent in Member activities, and hereby assume all risk of injuries, illness, or damages including but not limited to bodily injury, disease strains, heart attack, or other ailments incidental to such activities and to the use of equipment involved in such activities. You hereby forever for yourself, your heirs, executors and administrators absolve, release and waive any and all liability, claims or demands against the Club, its Committee Members, subsidiaries, affiliates, officers, employees, agents, volunteers, representatives, and each and every Member which may arise out of, or be related to, any injury, damage or pecuniary loss by reason of such Membership or participation in any Club event or Member activity.
Members’ guests during Club events and activities are deemed to have been informed of such general hazards by the Member and deemed to have understood and accepted these same terms of participation. Members assume full responsibility for notification of these terms to their guests and any subsequent liability for failure to do so. The Club is not responsible for damaged, lost or stolen property during public events. You agree that it is your responsibility to secure your valuables. You agree and understand that the lockers are provided as a convenience only and that no guarantee of security is intended or conveyed by virtue of you being allowed to utilise the lockers.
12. Absolute Right to Suspend or Terminate Your membership in the Club
You may terminate this Membership Agreement and your right to use the Club and its facilities at any time by sending written and signed mail to J100CODERS Initiative Club, P. O. Box AT55, Achimota Accra. Although you may terminate your right to use the facilities of the Club, your Membership may not be cancelled (it may only expire), and you will not be entitled to any refund, reimbursement, or credit of your Membership Fees. You agree that we, in our sole discretion, may deny you access to Club events and/or suspend or terminate your membership in the Club, and your use of any or all of the facilities of the Club, if we (i) believe in our sole discretion that you have violated this Membership Agreement or the Club Membership Application, (ii) determine, in our sole discretion, that your continued Membership is not in the best interests of the Club and its other Members, or (iii) determine, in our sole discretion, that you are at any time intoxicated or under the influence of any illegal substance, all without notice or liability to you or anyone else. You agree that any termination of your access to the Club under any provision of this Membership Agreement may be effected without prior notice. You also agree that we may immediately deactivate or delete your online account and all related information and files in your account and/or bar any further access to the Club. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Club.
13. Proprietary Rights
The name “J100CODERS Initiative Club”, the name “J100CODERS”, and the phrase “Limitless Possibilities…Fun-Logics-Adventure” are service marks of J100CODERS Initiative. Unauthorised use of any trademark, service mark or logo of J100CODERS Initiative Club may be a violation of domestic and foreign trademark laws. J100CODERS Initiative Club own all intellectual property rights in the Club website and online applications. You acknowledge and agree that the Club website and any necessary software used in connection with the Club website or the Club are or contain proprietary and confidential information that is protected by applicable intellectual property and international copyright laws. You agree not to access the Club website by any means other than through the interface that is provided by the Club for use in accessing the Club website and/with associated online learning applications or use the Club website and/with associated online learning applications for any purpose inconsistent with the terms of this Membership Agreement. If you do not comply with the provisions of this Section, we reserve the right, in addition to all rights at law and in equity, to terminate your Membership in the Club without refund, reimbursement, or credit of any Membership Fees.
14. Limitation of Liability to Amount of Monies Paid by You
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INTANGIBLE LOSSES, RESULTING FROM: (A) ANY USE OR INABILITY TO USE THE CLUB FACILITIES INCLUDING, WITHOUT LIMITATION, DISRUPTION ARISING FROM ANY CAUSE; OR (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL INFORMATION OR MEMBERSHIP DATA. IF WE ARE ADJUDGED TO BE LIABLE BY A COURT OR OTHER BODY OF COMPETENT JURISDICTION TO YOU FOR ANY REASON WHATSOEVER, YOU AGREE AND UNDERSTAND THAT YOU MAY NOT RECOVER DAMAGES IN EXCESS OF THE AMOUNT OF MEMBERSHIP FEES THAT YOU ACTUALLY PAID TO US DURING THE YEAR IN WHICH THE EVENT OCCURRED THAT GAVE RISE TO OUR LIABILITY. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE CLUB MEMBERSHIP TO YOU.
15. Arbitration
Any controversy or claim arising out of or relating to this Membership Agreement or the Club, whether between (i) you and the Club, or (ii) you and another Member shall be settled by binding arbitration in accordance with the Arbitration Act of Ghana. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be stipulated confidential and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary in the foregoing, the Club may obtain from a court any interim or provisional relief that may be necessary to protect the Club’s rights or property.
16. False Information
You must provide the Club with accurate, complete, and updated information (the "Registration Information"). If you provide us with any Registration Information or other information that is not truthful, complete, or up-to-date, or if we have grounds to suspect that any of it is not truthful, complete, or up-to-date, then we may suspend, terminate, or take any other legal action with respect to you and/or your Membership. The Club reserves the right to cancel or decline membership in the event the information supplied in connection with an application for membership (i) is false or materially misleading, or (ii) fails to disclose any information which, if in the sole opinion of the Club, had such information been disclosed at the time of application would have materially affected the eligibility of the applicant for Membership. The Club also reserves the right to cancel or decline Membership in the event any investigation reveals unacceptable background information.
17. Severability of Agreement; Conflict
If a court or an arbitrator of competent jurisdiction determines that any provisions or conditions of this Membership Agreement are illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions (or portions of them) and obligations shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. If there is a conflict between the provisions of the Club Membership Application and this Membership Agreement, the terms of this Membership Agreement shall prevail.
18. Waiver
The failure of the Club to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered to be a waiver or deprive the Club of the right thereafter to insist upon strict adherence to such term or any other term of this Membership Agreement. In order to be effective, any waiver must be in writing, signed by a duly authorised agent of the Club and delivered to the Member.
19. Governing Law and Miscellaneous
This Membership Agreement shall be governed by, and shall be construed in accordance with, the laws of the Republic of Ghana (exclusive of the choice of law rules thereof). The Club reserves the right to interpret the terms and condition of this Membership Agreement, and the application thereof, in its sole and absolute discretion. This Membership Agreement and all documents incorporated by reference constitute the entire agreement between the Club and you with respect to the Club. Sections 7, 8, 9, 11, 13-15 and 19 hereof shall survive termination of this Membership Agreement for any reason. No amendment to this Agreement by you will be binding unless in writing signed by an authorised representative of the Club. PARENTS/GUARDIANS OF JUVENILES OF AGES 8 YEARS TO 17 YEARS ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE FOREGOING MEMBERSHIP AGREEMENT, FOR AGES 18 YEARS TO 21 YEARS, YOU ACKNOWLEDGE THAT YOU HAVE READ THE FOREGOING MEMBERSHIP AGREEMENT AND UNDERSTAND IT. BY CLICKING THE "I ACCEPT THE MEMBERSHIP AGREEMENT" BUTTON BELOW, YOU CERTIFY THAT YOU HAVE READ THIS AGREEMENT, AND YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS. BY CLICKING THE "I DECLINE THE MEMBERSHIP AGREEMENT" BUTTON BELOW, YOU ARE REJECTING THIS AGREEMENT AND YOUR MEMBERSHIP OR APPLICATION FOR MEMBERSHIP IN THE CLUB AS APPLICABLE SHALL IMMEDIATELY TERMINATE. |
