This document is an electronic record is governed by the Electronic Transactions Act No.8 of 2011(the Act), the Regulations thereunder and the provisions pertaining to electronic records in various statutes governing electronic transactions for the time being in force in Uganda. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The Terms and Conditions (“Terms”) contained herein governs your access to and use of software applications, websites, contents, products and services (the “Services”) owned by Dial Jack Limited [“the Provider”]. This is an electronic record and does not require your signature, either physical or digital. Your access and use of the services shall be deemed to be an acceptance of these Terms and constitute a binding agreement between us. You shall refrain from using and accessing our Services if you do not accept any of the Terms contained herein. These Terms expressly supersede all prior agreements or arrangements with you.
You are eligible to use or access our Services only if you have attained 18 years of age and are competent to enter into a contractual relationship under all applicable laws. You are strictly required not to use or access any of the Services provided by the Provider if you are restricted by any law due to your age limit and ability to enter into a contract.
3. USER ACCOUNT
You are required to register with the Provider by activating a user account to avail the Services (“User Account”). While activating a user account, you are required to furnish your personal data including but not limited to your name, age, sex, address, contact numbers (“Personal Data”). The Personal Data provided by you shall be true, correct, complete, and accurate and strictly belong to you. You acknowledge and agree that providing your true, correct, complete and accurate Personal Data is a condition precedent for availing the Services. You shall not activate an account by providing false, incorrect, incomplete, inaccurate or personal data of third parties. A breach of this condition shall be deemed to a material breach of this Agreement and shall entitle the Provider to restrict your access and use to the Services by blocking your account without notice to you and terminate the Services with immediate effect. In addition, the Provider shall be at the liberty to initiate appropriate legal action against you for any other remedy that may be available in law.
You are required to maintain absolute secrecy of your User Account details including but not limited to the user name and password and maintain security of the User Account. You shall refrain from engaging in any act or conduct that may compromise the security of your User Account details. You hereby agree that you are solely responsible for all the activities that takes place under your User Account and liable for any claims and demands that may arise out of or in connection with your User Account.
You undertake to access and use the Services only for lawful purposes. You shall not access and use the Services in any manner that may result in violation any law or regulation. You shall not authorise any other person to use your User Account to avail the Services. Any other person accessing or using Your User Account, with or without Your knowledge, shall be a breach of this clause and you will be held responsible for all the claims, demands or consequences that may arise out of or in connection with the access or use of Your User Account by such third parties.
The Provider offers its Services to facilitate/enable you to (i) connect with independent entities/third parties who provide transportation services (“Service Providers”) and (ii) place a request to arrange and schedule transportation services (“Rides”) with such Service Providers. Unless otherwise agreed in writing, the Services are provided solely for your personal, non-commercial use. You hereby acknowledge and agree that the Provider does not provide transportation services or operates as a transportation carrier and that all such transportation services are provided by Service Providers. Further, you also acknowledge and agree such Service Providers are independent entities and are neither employees nor agents of the Provider. and/or any of its subsidiaries or affiliates.
5. LICENCES AND RESTRICTIONS
(i) Subject to your compliance with these Terms, the Provider hereby grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Services on your personal device solely for providing Rides; and (ii) access and/or use any content, information and related materials that is made available through the Services, in each case solely for your personal, non-commercial use.
(ii) You may not: (a) remove any copyright, trademark or other proprietary notices from any portion of the Services; (b) copy, reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by the Provider.; (c) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (d) indulge in any act that may with or without your knowledge interrupt the Services in any manner or (e) indulge in any act that is likely to result in data theft.
6. THIRD PARTY SERVICES
The Services may be offered or provided in association with third party services and contents. Accordingly, you shall be governed by the third party terms and conditions for use of their services and contents. The services and contents provided by the third parties are the responsibility of such third party and all claims arising out of or in connection with the access or use of their service and content shall be only against those third parties. Unless otherwise agreed in writing, the Provider does not control, endorse and shall not be responsible or liable for any services and contents of such third party.
The Service Providers shall charge a fare for each Ride requested by you through the services of the Provider. At the time of placing a request for a Ride through the Provider’s service, you may request for the estimate of the Fare to be charged for the each Ride. However, the Fares notified are only an estimate and are not actuals. The actual fare may vary depending upon various factors including but not limited to the time and distance travelled, taxes, access and other statutory charges that shall be in force and apply to a particular geographical area.
8. REVISION OF FARES
The Fares are subject to revision and such revision shall be at the sole discretion of the Third Party and/or Service Providers. The Fares may vary from one geographical location to another and the Provider shall use reasonable effort to notify you of such revision and you shall agree to promptly make the payments without any demur or resistance whether or not you are aware of such revision of Fares.
The Provider is limited to offering its technology to facilitate/enable you to connect with Service Providers and request them for a Ride. The Provider does not charge you for the Services. However, the Service Providers will charge You for the Ride and at the end of the each Ride, the Provider shall generate and send You an E-Invoice/E-Receipt for the Total Fare to Your registered e-mail id and mobile number on behalf of the Service Provider. The payment shall be made by you directly to the Service Providers either by the way of cash or through online payment modes assisted by the Provider. The Total Fare shall be inclusive of all applicable taxes, charges, access and other statutory dues that shall be in force and apply to a particular geographical location.
If you choose to make the payment by the way of cash, you shall make the payment directly to the Service Providers. While making the payments by the way of cash, you shall be solely responsible for collecting the balance payments, if any, from the Service Providers and the Provider shall not be liable to you for any claims or demands which arise out of or in connection with the payments. If you choose to make the payment through mobile money, credit or debit cards or online banking, the Provider shall assist you to make payments through the in-app payment options.
You acknowledge that every vehicle/carrier of the Service Provider is subject to damage due to normal wear and tear on the account of each Ride. You shall be liable to compensate and pay the Service Providers towards the damage of their vehicle/carrier incurred in excess of the normal wear and tear due to any reason(s) attributable to your conduct during the Ride. The decision of the Service Provider in determining the damage, if any, and its extent shall be final and binding. You shall be notified of the excess damage incurred and the compensation to be paid to the Service Provider.
12. DEVICES AND DATA NETWORK
The Provider’s Services can be accessed and used from your mobile phones, personal computers, laptops and other similar electronic device (“Device”) that are compatible and capable of running the Providers’ Services through a data network/internet connection. You are responsible for acquiring the Device that is compatible and capable of running these Services. You shall have a valid and subsisting data network/internet connection and incur all applicable charges for the data network/internet usage. You shall also be solely responsible for updating from time to time such Device or Services, if any required, to continue access and use the Services.
13. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights, title and interest in the Services including the Neighbouring Rights that may accrue as a result of your access and/or use of the Services provided hereunder are and shall remain the property of the Provider and/or its licencees. Nothing contained in these Terms shall be deemed to convey or grant to you (i) any right, title or interest in the Services except for a limited license granted above or (ii) to use in any manner whatsoever the intellectual property rights of the Provider or its licencees.
14. USER GENERATED CONTENT (“UGC”)
User Generated Content shall mean and include any form of content such as posts, opinions, feedbacks, ratings, comments, discussions, chats, tweets, blogs, podcasts, digital images, video/audio files, advertisements and other forms of expressions that was created, shared, transmitted, published, posted or uploaded by Users from time to time through the Services. UGC hereby grants the Provider a worldwide, perpetual, irrevocable, transferrable, royalty-free licence to use, copy, modify, distribute, publicly display, publicly perform and create derivative works of all such UGC in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Services offered by the Provider or Service Providers without recourse or notice to or consent from You.
You shall be the sole and exclusive owner of the Content created, shared, transmitted, published, posted or uploaded by you through the Services. If such UGC is subject to third party Intellectual Property Rights, you shall possess rights, licences, consents and releases necessary to grant the Provider the licence to use the UGC as stated above. The creation, sharing, transmitting, publishing, posting or uploading of the UGC shall not infringe or violate any third party intellectual property rights or any applicable law or regulation. You shall be solely responsible for all disputes that arise out of or in connection with the creation, sharing, transmitting, publishing, posting or uploading of the UGC and use of such UGC by the Provider or the Service Providers.
15. PROMOTIONAL ACTIVITIES
The Provider shall as part its promotional activities or on behalf of the Service Providers periodically send promotional content or material via text messages and e-mail to your mobile number and e-mail if registered with us; it may also periodically advertise in the media and other advertising channels or send text messages and/or e-mail to you certain codes or offers or similar benefits (“Promotional Offers”) which can be redeemed through your User Account. However, such codes or offers or similar benefits are subject to specific terms and conditions in addition to these Terms that are applicable to each such Promotional Offers. These Promotional Offers are non-transferable, non-assignable, and non-saleable, aimed at general public or particular customers/Users of the Services, for an intended purpose and may be valid only for a limited period. Such Promotional Offers may be withdrawn by the Provider at any time without any reason and liability, whatsoever. The Provider shall have the right to repossess from You the benefits that were granted under the Promotional Offer if the Provider believes or has reasons to believe that (i) You were not the intended recipient (ii) the Promotional Offer was used for a purpose other than the intended purpose and (iii) You have violated or breached any law or specific terms and conditions applicable to the Promotional Offer.
16. LIMITATION OF LIABILITY
THE PROVIDER/SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING LOSS OF PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT SHALL THE SERVICE PROVIDER’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES, WHICHEVER IS LESSER.
17. THE PROVIDER/SERVICE PROVIDERS SHALL NOT BE LIABLE WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING LOSS OF PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THIRD PARTY SERVICES BY YOU THROUGH THE SERVICE PROVIDERS, OR YOUR INABILITY TO ACCESS OR USE SUCH THIRD PARTY SERVICES THROUGH THE USER ACCOUNT EVEN IF THE SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE SERVICE PROVIDER.’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES WHICHEVER IS LESSER . IN BOTH INSTANCES, PART V OF THE ACT APPLIES.
You agree to fully indemnify and hold the Provider and its affiliates, licencees and officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services; (ii) your breach of any of these Terms and Conditions; or (iii) your violation of the rights of any third party.
19. Term and Termination
(i) The Terms contained herein are perpetual in nature and shall continue to be in force and remain in effect unless terminated in accordance with this clause.
(ii) You may terminate these terms by deactivating your User Account by following the instructions for deactivation of the User Account provided in the website, application or as assisted by our call centre(s).
(iii) the Provider may terminate these Terms with immediate effect at any time without giving any prior notice if you breach or violate any of the Terms or if your action or conduct is likely to result in any breach or violation of the Terms herein or any claims or demands against the Provider or the Service Providers.
It is understood that neither party shall be constituted as an agent, associate, employee, servant, partner or joint venture partner of the other for any purpose whatsoever. You are not granted and shall not exercise the right or authority to assume or create any obligation or responsibility or make any representation, including, without limitation, contractual obligations and obligations based on warranties or guarantees on behalf or in the name of the Provider and its associates.
If any provisions of this Agreement are determined to be invalid or unenforceable by any court of competent jurisdiction, it shall not invalidate the entire Agreement which shall remain in full force and effect as if such provisions had not been a part of this Agreement. The Provider will replace the invalid provisions by provisions that have the same or nearest possible effect.
The Services are provided on “as is” basis. The Provider does not make any representations as to warranty, either express or implied, that are not expressly set out in these terms including the implied warranties of merchantability and/or fitness for a particular purpose or guarantee regarding the reliability, quality, suitability or availability of its Services or of the Service Providers or that the Services will be uninterrupted or error-free. You agree that the access and use of the services is entirely at your own risk.
The Provider shall be not deemed, by any act or omission, to have waived any of its rights or remedies hereunder, unless such waiver is in writing, and in such case only to the extent specifically set forth in such writing. A waiver with reference to one event shall not be construed as a waiver of any right or remedy as to any subsequent event.
(v) Entire Agreement
Except otherwise provided in these Terms, the provisions of these Terms constitute the entire agreement between us with respect to the subject matter hereof, and supersedes all prior agreements or representations, whether implied, oral or written, regarding such subject matter.
The Provider reserves its right to amend, modify, replace, revise, alter or change any of these terms at its sole discretion from time to time without prior notice to you. However, a notice of such amendment, modification, replacement, revision, alteration or change may be communicated to your e-mail or mobile number registered with us. You shall be deemed to have accepted and bound by such amended, modified, replaced, revised, altered or changed Terms by your continuous access or use of Services pursuant to such notification.
You shall not assign these Terms or any part thereof to any third party without prior written approval of the Provider. However, the Provider shall have the right to assign these Terms, either in whole or in part, to any of its subsidiaries, affiliates and/or any third parties without your consent or approval.
Sections 4,6,7,14,15,16,17,18,20(ii),20(iv),20(x),20(xi) shall survive and remain in effect following termination of this Agreement.
Any notice or communication will be addressed to your email, phone number or residential address registered with us.
Any notice or communication to the Provider may be addressed as below:
Attn: The Company Secretary,
Dial Jack Technologies Uganda Ltd,
Plot 91/97 ,7th Street, Industrial Area,
P.O. Box 2697
The headings of sections of this Agreement and the attached Schedules are for convenience and are not to be used in interpreting this Agreement.
(xi) Counter Parts :
This Agreement may be executed in counterparts, each of which will be considered an original, but all of which together will constitute the same instrument.
(xii) Dispute Resolution
If any dispute or difference arises out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall first be discussed by the parties hereto, who shall try to settle the dispute among themselves. Should they fail to agree within thirty (30) days, the matter shall be referred to Arbitration by a Sole Arbitrator who shall be appointed by the parties in question. The seat of Arbitration shall in the Chambers of Arbitration, High Court of Uganda, Commercial Division, Kyaggwe Road Kampala. The arbitration shall be conducted in English and governed by the provisions of the Arbitration and Conciliation Act, Cap 4 Laws of Uganda. The award rendered at the arbitration shall be final and binding upon the parties.
(xiii) Governing Law
The validity, interpretation and performance of these Terms shall be controlled, governed, enforced and construed in accordance with the substantive Electronic Media laws and Commercial/Civil laws for the time being in force in Uganda and common law jurisdictions.