Last updated on Tuesday, July 23, 2019
The Office of the Special Prosecutor Act, 2017 (Act 959) is the latest statutory attempt from Ghana’s political and Constitutional history to establish a more efficient and effective mechanism and machinery in the fight against the canker of corruption which is perceived to be pervasive within the body politic.
Please read the terms and conditions carefully before accessing to and/or using this website. These terms and conditions are only available in English. By accessing, continuing to access, using and/or continuing to use our website irrespective of the delivery platform or device you use to access it, you agree to abide by these terms and conditions. If you do not agree with these terms and conditions, you should not access or use any of the content on this website.
The following definitions apply on the website of the Office of the Special Prosecutor unless otherwise stated.
“Computer” means your computer, notebook, personal digital assistant, tablet, mobile phone, smartphone, television and/or another electronic device now known or later developed used to access to and/or use this website.
“Content” means the data, information, materials, text, songs, audio, video, photos, graphics, charts, maps, messages, blogs, ideas, comments, suggestions and/or other on this website.
“OSP” means individually and collectively The Office of the Special Prosecutor. “OSP Content” means all Content that the Office makes available or presents on this website.
“OSP Service” means online information and communication service which is available for viewing or otherwise by accessing the Content on this Website and/or through its mobile websites, applications, newsletters and/or other news aggregators and/or for access to and use of the Discussion Forum, where applicable, subject to the terms and conditions of these Terms and Conditions.
“Your Content” means all the Content that you have made available or presented on this website.
2.1 Anyone is entitled to use for free the OSP’s website subject to these terms and conditions.
2.2 By accessing, continuing to access, using and/or continuing to use this site, you agree to be bound by all the terms and conditions of this website throughout the period of access and/or use of the same.
2.3 OSP reserves the right to modify these terms and conditions of this website and/or any features thereon from time to time. Such modification shall be effective and replace any previous terms and conditions of this website and/or any previous features of the website immediately upon posting of the modified Agreement and/or features without notifying you.
2.4 OSP reserves the right to change, alter and/or modify the design, layout, pages, look and feel and/or any other aspects or features of the website from time to time. OSP further reserves the right to discontinue all or part of the website without notifying you.
2.5 You agree to review these Terms and Conditions periodically to ensure that you are aware of any modifications. Your continued access to and/or use of this website shall be deemed your conclusive acceptance of any modified Terms and Conditions.
3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
3.1 Your Content
3.1.1 You retain the intellectual property rights that you may or should have in Your Content.
3.1.2 By posting Your Content on the www.osp-ghgov.org, you automatically grant OSP a perpetual, irrevocable, non-exclusive, royalty-free, worldwide and sub-licensable right and license to: (i) use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute Your Content (in whole or in part), its edited, adapted, translated versions and/or such derivative works; and/or (ii) incorporate the same in other works in any forms, media or technologies now known or later developed.
3.1.3 In respect of the right and license as referred to in Clause 3.1.2 of this Agreement, you represent and warrant that:
(a) you are the sole owner of Your Content and have the full legal right and authority to grant such right and license;
(b) all of Your Content is your original works and creations and shall not infringe the intellectual property and/or related rights of any third parties including copyrights, trademarks or other personal or proprietary rights or contravene or violate any applicable laws or regulations; and
(c) all of your Content will not contain libelous, defamatory or otherwise unlawful material.
3.2 OSP Content
3.2.1 All intellectual property rights in the OSP Content, including but not limited to the copyright in the compilation of all Content on the www.osp-ghgov.org, shall remain with OSP.
3.2.2 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of www.osp-ghgov.org Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any OSP Content available on the www.osp-ghgov.org unless otherwise permitted in advance by OSP in writing.
3.2.3 You shall not assist or facilitate any third party to make use of any www.osp-ghgov.org Content in any manner that constitutes an infringement of OSP’s intellectual property and/or related rights, including but not limited to “framing”, downloading or establishing unauthorised link(s) to any part of the Content on your or any third party’s website(s) or platform(s).
3.2.4 The domain name(s) on which the www.osp-ghgov.org is hosted is the sole property of OSP. You shall not use or otherwise adopt the same or similar name(s) for your own use or for any third party’s use.
3.2.5 The trademarks, logos, service marks and other marks of OSP (“OSP Marks”) displayed on the www.osp-ghgov.org are the sole property of OSP. You are not permitted to use any OSP mark without the prior written approval of OSP.
3.3 Third-Party Content
3.3.1 The trademarks, logos, service marks and other marks of any third parties (“Third Party Marks”) and all Third Party Content remain the sole property of the relevant third party(ies).
3.3.2 In respect of the Third Party Marks, you are not permitted to use any of the same or the name of such third party(ies) without the prior written approval of such relevant third party(ies).
3.3.3 You shall not use, edit, copy, publish, adapt, translate, make derivative works from, distribute or otherwise all or part of the Third Party Content or decompile, reverse engineer or otherwise attempt to discover the source codes of any Third Party Content available on www.osp-ghgov.org unless otherwise permitted in advance by such relevant third party(ies) in writing.
4. PRIVACY OF PERSONAL DATA
5. DISCLAIMER OF WARRANTIES
5.1 OSP makes no representation or warranty that: (a) the access to, use of and functioning of www.osp-ghgov.org and the availability of any Content on the same will be timely, uninterrupted, without error or omission; and free of viruses or other harmful components; and (b) the view of any Content in or with any Computer will not affect the functionality or performance of the Computer.
5.2 OSP makes no representation or warranty regarding the view of or the results of the view of any Content on www.osp-ghgov.org in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
5.3 OSP makes no representation or warranty regarding the view of or the results of the view of any Third Party Content on www.osp-ghgov.org, the OSP Website or websites linked from www.osp-ghgov.org in terms of its correctness, accuracy, reliability, usefulness, timeliness or otherwise.
5.4 OSP makes every effort to ensure that all www.osp-ghgov.org Content is accurate and complete to the best of our knowledge. However, OSP provides the Content for informative purposes and on an ‘as is” basis only. OSP disclaims all warranties, express or implied, including but not limited to the implied warranties of satisfactory quality, merchantability, and fitness for a particular purpose or the warranty of non-infringement to the extent permissible under law.
5.5 Professional or Expert Advice
The data, information and/or any Content made available on the osp-ghgov.org Service are of a general nature and do not purport to contribute an offer or a provision of any professional or expert advice. You should consult a qualified professional adviser or expert to obtain independent advice and verification of the information and data contained in the osp-ghgov.org Service as necessary.
5.6 Third Party Products
You acknowledge and agree that OSP does not endorse or recommend and has no control over the Third Party Products which are advertised or made available on the osp-ghgov.org Service, the osp-ghgov.org Website or websites linked from osp-ghgov.org.
5.7 View of Information on the osp-ghgov.org Website
You agree that all Content, statements, information, opinions, comments, suggestions and/or materials from OSP, other readers, other users, third parties and advertisers on osp-ghgov.org should be viewed and relied upon only with care and discretion and at your own risk. OSP shall not be responsible for any loss or liability incurred by you arising from such view or reliance.
6. LIMITATIONS OF LIABILITY
6.1 In no event shall OSP be liable to you or you shall hold OSP liable for any losses, damages, liabilities and expenses under any causes of action (whether in contract or tort or otherwise) caused by the access to or use of, or inability to access to or use of, the osp-ghgov.org Service, and/or caused by the view of, or inability to view of, the Content, Your Content, OSP Content, Third Party Content and/or the osp-ghgov.org Website.
6.2 Your Content
You acknowledge and agree that: (i) you shall be solely and fully responsible for Your Content and any related consequences including but not limited to any third party claims arising from or in connection with the same; and (ii) OSP shall not be liable in any manner.
6.3 Third-Party Content
OSP shall not be liable in any way for the Third Party Content including but not limited to its accuracy, completeness, usefulness, relevance, timeliness or otherwise.
6.4 Force Majeure
OSP shall not be liable for any failure or delay in performance of its obligations under this osp-ghgov.org Agreement because of circumstances beyond its reasonable control, including, without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.
6.5 Under no circumstance shall OSP be liable for any indirect, special, consequential or incidental damages arising or resulting from the access to or use of, or inability to access to or use of, the osp-ghgov.org Service, or the view of, or inability to view of, Content, Your Content, OSP Content, Third Party Content and/or the osp-ghgov.org Website.
7. ACCESS TO AND AVAILABILITY OF OSP SERVICE AND LINKS
The osp-ghgov.org Service contains links to other related world wide web internet sites, resources, and sponsors of OSP. Since OSP is not responsible for the availability of these outside resources, or their content, you should direct any concerns regarding any external links to the site administrators or webmasters of such sites.
8. HACKING, DISRUPTION AND IMPAIRMENT
You hereby undertake not to hack into, interfere with, disrupt, disable or otherwise impair the proper working of the osp-ghgov.org Service including but not limited to reprogramming, reverse engineering, decoding, tampering, sniffing and session hacking.
9.1 You shall notify OSP’s Support Centre at email@example.com of any known or suspected unauthorised access(es) to and/or use(s) of your Discussion Forum Account and/or the osp-ghgov.org Service; and/or any known or suspected breach(es) of security, including but not limited to loss, theft, unauthorised disclosure(s) and/or use(s) of your Discussion Forum Account password, and/or unauthorised access(es) to and/or use(s) of your Discussion Forum Account.
9.2 You are responsible for all accesses to, usages of or activities on your use of the osp-ghgov.org Service. Any fraudulent, abusive, or otherwise illegal activity(ies) may be grounds for termination of your access to and/or use of the osp-ghgov.org Service, at OSP’s sole discretion, and OSP may refer you to appropriate law enforcement agencies.
10. COMMUNICATIONS BETWEEN OSP AND READERS
10.1 You agree that OSP may send electronic mail(s) or digital message(s) to you for the purpose of informing you of changes or additions to the osp-ghgov.org Service and other matters relating to your access to and/or use of the osp-ghgov.org Service.
11. SOFTWARE LICENCES
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access to and/or use the osp-ghgov.org (“Access Software”). You may not sub-license, assign or transfer any licenses granted by OSP, and any attempt at such sub-license, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, use, or create derivative works from the Access Software.
12. TERMINATION OF OSP SERVICE
12.1 OSP may (i) deactivate or suspend the osp-ghgov.org Service or any part thereof, with or without notice to you, to carry out system, maintenance, upgrading, testing and/or repairs; (ii) limit or suspend your access to and/or use of any of the osp-ghgov.org Service with or without notice to you if OSP is of the sole opinion that such action is appropriate as a result of your access to and/or use of the osp-ghgov.org Service; (iii) take any steps or omit to take any steps, with or without notice to you, for any reason OSP deems relevant to the management or the operation of any of the osp-ghgov.org Service and OSP’s business, that may expand, reduce, modify, suspend, limit, make inaccessible or adversely affect the osp-ghgov.org Service or any part thereof.
12.2 OSP may, upon discovery of any suspected or actual, fraudulent, deceptive, unlawful or improper use of the osp-ghgov.org Service by you, suspend your access to and/or use of any or all of the osp-ghgov.org Service temporarily or permanently.
12.3 This osp-ghgov.org Agreement may be terminated by OSP for any reason at any time.
12.4 Termination under the provisions of this osp-ghgov.org Agreement shall not affect OSP’s rights in relation to any antecedent breach(es) or liability(ies) incurred prior to the date of termination nor shall it affect the coming into force or the continuance in force of any provision contained in this osp-ghgov.org Agreement which is expressly or by implication intended to come into or continue in force on or after such termination. All remaining benefits (whether monetary or non-monetary) that you may enjoy under this osp-ghgov.org Agreement as at the date of termination shall be forfeited absolutely.
13. LEGAL AND REGULATORY COMPLIANCE OBLIGATIONS
You acknowledge that OSP may be required under applicable laws and/or regulations and/or upon receipt of instructions from governmental authorities or agencies and/or regulatory authorities to carry out acts which may be in breach of any of the terms and conditions of this osp-ghgov.org Agreement. In this connection, you agree not to hold OSP liable or responsible.
14. WRITTEN EVIDENCE
14.1 You hereby agree that all records of OSP relating to the osp-ghgov.org Service, to your access to and/or use of the osp-ghgov.org Service, to your view of any Content on the osp-ghgov.org Website, and/or to the terms and conditions of this osp-ghgov.org Agreement (collectively the “Records”), which despite being in electronic or digital form, are deemed to be written and original documents.
14.2 You shall not dispute or challenge the validity, enforceability or admissibility of any Records on the grounds that it/they is/are not a written or original document(s), is/are in electronic or digital form, or was/were produced by or is/are the output of a Computer; and you hereby waive any such right you may have under law.
You agree to indemnify OSP and its employees, officers, agents, contractors, readers and users and hold them harmless from and against all losses, claims, demands, actions, proceedings, costs (including but not limited to legal costs) and liabilities (including but not limited to statutory and tortuous liabilities) which may be suffered by or brought against OSP and its employees, officers, agents, contractors, readers and users arising from or in connection with:
(a) your connection to the osp-ghgov.org Website;
(b) your access to and/or use of the osp-ghgov.org Service and/or your posting of any Content on the osp-ghgov.org;
(c) your breach of any of the terms and conditions of this osp-ghgov.org Agreement, including but not limited to any representations and warranties given by you;
(d) your contravention of any applicable laws or regulations; and/or
(e) your violation of the rights of any person(s) and/or entity(ies).
16.1 OSP shall have the right to sub-license, sub-contract, assign or transfer its rights and obligations in this osp-ghgov.org Agreement to any third party at its sole and absolute discretion.
16.2 No failure on the part of OSP in exercising any right, power or privilege and no course of dealing between you and OSP shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege under this osp-ghgov.org Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
16.3 If any term or provision of this osp-ghgov.org Agreement is not applicable or held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent permissible be deemed not to form part of this osp-ghgov.org Agreement, but the validity and enforceability of the remainder of this osp-ghgov.org Agreement shall not be affected.
16.4 OSP and you expressly agree and acknowledge that the terms and conditions of this osp-ghgov.org Agreement shall not be enforceable by and do not confer any right on any person entity or third party who is not a party to this osp-ghgov.org Agreement.
16.5 This osp-ghgov.org Agreement shall be governed by and construed in accordance with the laws of Ghana. You agree that any action arising under this osp-ghgov.org Agreement shall be submitted to the non-exclusive jurisdiction of Ghanaian courts.
16.6 For enquiries, please contact OSP’s Support Centre via email to firstname.lastname@example.org.