Terms and Conditions

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you and XcelVote, a product of Emycel Group of Companies ("Company", "we", "us", or "our"), concerning your access to and use of the XcelVote electronic voting platform (the "Platform").

By accessing or using the Platform, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to access or use the Platform.

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

2. Platform Services

XcelVote provides an electronic voting platform that enables:

• Event organizers to create and manage voting events
• Voters to participate in elections and contests
• Nominees to apply for participation in voting events
• Real-time result tracking and analytics
• Secure payment processing for vote purchases
• Invoice generation and transaction management

3. User Accounts and Registration

3.1 Account Types

The Platform offers different account types:

• Organizer Accounts: For creating and managing voting events
• Voter Accounts: For participating in voting events (may be anonymous depending on event settings)
• Nominee Accounts: For applying to participate in voting categories

3.2 Account Responsibilities

You are responsible for:

• Providing accurate, current, and complete information during registration
• Maintaining the security and confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring you meet any age or eligibility requirements for voting events

4. Voting Rules and Conduct

4.1 Fair Voting Practices

Users agree to:

• Cast votes honestly and in accordance with event rules
• Not attempt to manipulate voting results through fraudulent means
• Not use automated systems, bots, or scripts to cast votes
• Not share or sell access to their voting accounts
• Respect the integrity of the voting process

4.2 Vote Purchases

When purchasing votes:

• All sales are final once payment is processed
• Votes cannot be transferred to different contestants or categories
• Bulk vote discounts are applied automatically where applicable
• Invoices are generated upon successful payment
• Refunds are subject to our refund policy (see Section 6)

5. Payment Terms

5.1 Pricing

Vote pricing is determined by event organizers. The Platform displays all applicable fees before purchase, including:

• Per-vote pricing
• Bulk vote package discounts
• Any applicable transaction fees

5.2 Payment Methods

We accept the following payment methods:

• Mobile Money (MTN, Vodafone, AirtelTigo)
• Visa and Mastercard
• Other approved local payment methods

5.3 Revenue Sharing

For event organizers, the Platform retains a 30% service fee from all vote sales. The remaining 70% is remitted to the event organizer according to the payment schedule agreed upon during event setup.

6. Refund Policy

Refunds may be issued in the following circumstances:

• Payment was processed but votes were not credited due to technical error
• Duplicate payments were made for the same vote transaction
• An event is cancelled by the organizer before voting begins

Refunds will NOT be issued for:

• Change of mind after votes are cast
• Voting for the wrong contestant (user error)
• Events that have already started or ended

To request a refund, contact our support team at support@xcelvote.com with your transaction reference number within 7 days of the transaction.

7. Intellectual Property Rights

The Platform and its original content, features, and functionality are owned by XcelVote and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Platform
• Reverse engineer or attempt to extract source code
• Remove or alter any copyright, trademark, or proprietary notices
• Use the Platform name or logo without written permission

8. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which we make it available. Prohibited activities include:

• Violating any applicable laws or regulations
• Engaging in fraudulent activities or vote manipulation
• Attempting to gain unauthorized access to the Platform
• Interfering with or disrupting Platform operations
• Uploading viruses or malicious code
• Harassing, threatening, or defaming other users
• Impersonating another person or entity
• Collecting user data without authorization

9. Event Organizer Responsibilities

Event organizers agree to:

• Provide accurate event information and categories
• Set fair and transparent voting rules
• Review and process nominee applications in a timely manner
• Determine appropriate vote pricing
• Honor the results of voting events
• Not manipulate voting outcomes
• Comply with all applicable laws regarding contests and voting

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The Platform will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Platform is free of viruses or harmful components
• Results obtained from using the Platform will be accurate or reliable

Use of the Platform is at your own risk. We recommend maintaining appropriate backups of any important data.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XCELVOTE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Voting outcomes or disputes arising from voting events
• Actions or omissions of event organizers or other users
• Technical failures or service interruptions

Our total liability to you for any claims arising from use of the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless XcelVote, its parent company Emycel Group of Companies, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Platform, violation of these Terms, or infringement of any third-party rights.

13. Termination

We may terminate or suspend your account and access to the Platform immediately, without prior notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activities
• Requests by law enforcement or government agencies
• Extended periods of inactivity

Upon termination, your right to use the Platform will immediately cease. We are not liable for any losses resulting from account termination.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Ghana, without regard to its conflict of law provisions.

Any disputes arising from these Terms or use of the Platform shall first be attempted to be resolved through good-faith negotiations. If negotiations fail, disputes shall be resolved through arbitration in Accra, Ghana, in accordance with the Alternative Dispute Resolution Act, 2010 (Act 798).

15. Miscellaneous

15.1 Entire Agreement

These Terms constitute the entire agreement between you and XcelVote regarding use of the Platform.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us: