Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

“Account” means an account required for a User to access and/or use certain areas of Application, as detailed in Clause 4;

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

“Service Provider(s)” means any persons or corporation providing any services through the Fikapoa Applications, including but not limited to transportation, delivery and food or beverages services.

“Fikapoa” means all versions of the Fikapoa applications.

“User” means a user, consumer or customer of Our Application and or a beneficiary to Services extended through our Application.

“User Content” means any content submitted to Our Application by Users including, but not limited to include personal information, images and all data.

“We/Us/Our” means all licensees of the Fikapoa applications.

Access to Our Application

The downloading and accessing of Our Application is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Application.

It is your responsibility to make any and all arrangements necessary in order to access Our Application.

Access to Our Application is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Application (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Application (or any part of it) is unavailable at any time and for any period.

We reserve the right to discontinue, stop or preclude you from accessing our Application at any time and for any period. Will not be liable to you in any way if such access is made unavailable to you at any time.

Accounts

Certain parts of Our Application (including the ability to purchase services from us) may require an Account in order to access them.

A User may not create an Account if they are under Eighteen (18) years of age. If a user is under Eighteen (18) years of age and wishes to use the parts of Our Application that require an Account, a parent or guardian should create the Account for him or her in their names and the User must only use the Account with their supervision.

When creating an Account, the information a User provides must be true, accurate and complete. We shall rely on any information provided by a User as the true account of such information. If any of the information changes at a later date, it is the User's responsibility to ensure that the Account is kept up-to-date.

If a User believes their Account is being used without their permission, please contact us immediately on the Fikapoa Customer Care Line. We will not be liable for any unauthorized use of any Account.

A User must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

Any personal information provided in a User's Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in Clause 17.

A User who wishes to close an account may do so at any time. Closing an Account will result in the removal of a User's information on the Application as far as can be ascertained. Closing an Account will also remove access to any areas of Our Application requiring an Account for access. The uninstallation of Our Application does not necessarily mean closure of an account.

When an account is closed, any reviews or comments created on Our Site will be anonymised by removing the username.

Intellectual Property Rights

With the exception of User Content (see Clause 7), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable Uganda and international intellectual property laws and treaties.

You may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.

A User may:

- Access, view and use Our Application in a web browser (including any web browsing capability built into other types of software or app);

- Download Our Application (or any part of it) for caching;

- Print one copy of any page(s) from Our Application;

- Download extracts from the pages on Our Application; and

- Save pages from Our Application for later and/or offline viewing.

Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.

A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.

User Content

User Content on Our Site includes (but is not necessarily limited to) product reviews, comments etc.

An Account is required if a User wishes to submit User Content. Please refer to Clause 3 for more information.

A User agrees to be solely responsible for their User Content. Specifically they agree, represent and warrant that they have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for any breach of the warranties given by us under sub-Clause 6.2.

A User will be responsible for any loss or damage suffered by us as a result of such breach.

A User (or your licensors, as appropriate) shall retain ownership of their User Content and all intellectual property rights subsisting therein. When a User submits User Content they grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the User Content for the purposes of operating and promoting Our Application. In addition, the User also grants Other Users the right to copy and quote their User Content within Our Application.

We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

Links to Our Application

A User may use or create link to our Application provided that:

It is done in a fair and legal manner;

It is not done in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

A User does not use any logos or trademarks displayed on Our Application without Our express written permission; and

A User does not use our Application in a manner that causes damage to Our reputation or to take unfair advantage of it.

Framing or embedding of Our Application on other websites is not permitted without Our express written permission.

A User shall not link to Our Application from any other site the main content of which contains material that:

- is sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory;

- promotes violence;

- promotes or assists in any form of unlawful activity;

- discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

- Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

- Is calculated or is otherwise likely to deceive another person;

- Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

- misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);

- implies any form of affiliation with Us where none exists;

- infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks and database rights) of any other party; or

- Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

The content restrictions in sub-Clause 8.7 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 8.7. A User, for example, is not prohibited from posting links on general-purpose social networking sites merely because another user may post such content. A User, however, is prohibited from posting links on websites which focus on or encourage the submission of such content from users.

Links to Other Sites

Links to other sites may be included on Our Application. Unless expressly stated, these sites are not under our control. We neither assume nor accept responsibility or liability for the content of third-party sites. The inclusion of a link to another site on Our Application is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

Disclaimers

Nothing on Our Website or Applications constitutes advice on which a User shall rely. It is provided for general information purposes only.

Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, not infringe the rights of third parties, be compatible with all software and hardware, or that it be secure.

We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.

Our Liability

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Application or the use of or reliance upon any Content (including User Content) included on Our Application.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included on Our Application.

Our Application is intended for non-commercial use only. If you are a business user, we accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Application (including the downloading of any Content from it) or any other site referred to on Our Application.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Application resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

Acceptable Usage Policy

A User may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 12.

A User must ensure that he or she complies fully with any and all local, national and/or international laws and/or regulations;

A User shall Not use Our Application in any way, or for any purpose, that is unlawful or fraudulent or for any purpose, that is intended to harm any person or persons in any way.

We reserve the right to suspend or terminate access to Our Application if a user is in material breach of the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions:

- suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

- remove any User Content submitted by a User that violates this Acceptable Usage Policy;

- issue you with a written warning;

- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

- take further legal action against you as appropriate;

- disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

- any other actions which We deem reasonably appropriate (and lawful).

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms of Use.

Changes to these Terms of Use

We may alter these Terms of Use at any time. If we do so, details of the changes will be highlighted at the top of this page and a prompt may pop up at the time of your next usage of our application after such changes have been made. Any such changes will become binding on the user upon first use of Our Application after the changes have been implemented. A User is therefore advised to check this page from time to time to acquaint themselves with any new changes that may have been effected.

Contacting Us

To contact us, please email us at fikapoa1@gmail.com or using any of the methods provided on our contact page at www.fikapoa.com.

Communications from Us

If we have a User's contact details (if, for example, a User has an Account), we may from time to time send you important notices by email or pop up during the use of Our Application. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Terms of Sale, and changes to your Account.

For questions or complaints about communications from us, please contact us at fikapoa1@gmail.com or via our Customer Call Line.

Law and Jurisdiction

These Terms and Conditions, and the relationship between the User and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of the country in which the Application is licenced and the goods or services available in the Application are provided.

If a User is a consumer, any dispute, controversy, proceedings or claim between him or her and Us relating to these Terms and Conditions, or the relationship between him or her and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licenced and in which the goods or services available in the Application are provided.

If a User is a business, any disputes concerning these Terms and Conditions, the relationship between the User and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of the country in which the Application is licenced and in which the goods or services available in the Application are provided.