Last Updated: July 5, 2021
Terms of Service of the KaCyber Platform (incorporates apps and websites owned by KaCyber)
KaCyber Platform (Websites, Android and iOS apps)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OFFERED BY KACYBER SECURITY TECHNOLOGIES LIMITED (“KACYBER”), A LIMITED LIABILITY COMPANY REGISTERED IN THE REPUBLIC OF UGANDA. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF KACYBER WEBSITEs, MOBILE APPS and OTHER PLATFORMS, SERVICES, FEATURES, OR CONTENT OFFERED BY KACYBER (COLLECTIVELY WITH THE PLATFORM, THE “SERVICE”).
1. ACCEPTANCE OF TERMS
Subject to these Terms of Service, KaCyber may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services KaCyber performs for you, any applications offered by KaCyber that you download from the Site or, subject to the terms set out under the “Third party Sites and Services” section below, from third party application stores (e.g., iTunes® store or Google Apps Marketplace) authorized by KaCyber, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with KaCyber and represent, warrant and covenant that you provide KaCyber with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your KaCyber account. We recommend, but do not require, that you use your own name as your User Name so your friends can recognize you more easily.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion of thereof, and block or prevent your future access to and use of the Services or any portion thereof.
You shall not:
- create any account for anyone other than yourself without such person’s permission;
- use a Username that is the name of another person with the intent to impersonate that person;
- use a Username or KaCyber account that is subject to any rights of a person other than you without appropriate authorization; or
- use a Username that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
KaCyber reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your KaCyber password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify KaCyber in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you are using our services on behalf of a company, partnership, association, government or other organization (your “Organization”), you warrant that you are authorized to do so and that you are authorized to bind your Organization to these Terms and in such circumstances “you” will include your Organization.
Children under the age of 16 are not allowed to use our Service. We do not knowingly collect or solicit Personal Information from any children under the age of 16 or knowingly allow such persons to register as Users. Please contact us if you believe we have any Personal Information from any children under the age of 16 and we will promptly investigate (and remove) such Information.
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Service and register for the Service. The Service is not available to individuals who are younger than 16 years old. KaCyber may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.
5. PROHIBITED ACTIVITIES
In addition to the other restrictions outlined in these Terms, you agree not to engage in any of the following prohibited activities:
- i) Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms;
- ii) Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
iii) Send any unsolicited or unauthorized advertising, spam, solicitations or promotional materials;
- iv) Copy, distribute, or disclose any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
- v) Use any automated system, including without limitation robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- vi) Reverse engineer any aspect of the Services or anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
vii) Use or attempt to use another user’s account without authorization;
viii) Attempt to circumvent any content filtering techniques we employ, or attempt to access areas/features of the Services that you are not authorized to access;
- ix) Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- x) Engage in any harassing, intimidating, predatory or stalking conduct;
- xi) Impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
xii) Violate the publicity, privacy or data protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
xiii) Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
xiv) Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your KaCyber account, Stories, messages, a KaCyber username, or a friend link without KaCyber’s prior written consent;
- xv) Develop any third-party applications that interact with User Content or the Services without our prior written consent;
xvi) Uploading invalid data, viruses, worms, or other software agents through the Services;
xvii) Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
You further agree to abide by any third-party terms that apply when posting reviews of KaCyber, including the iTunes App Store Terms of Service and/or the Android Market Terms of Service. Posting KaCyber usernames in app store reviews is strictly prohibited and may result in the deletion of your KaCyber account.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. KaCyber cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, “shouts”, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by KaCyber on or through the Service. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Service by users, including Content that is added to the Service in connection with users linking their accounts to third party websites and services, is collectively referred to as, “User Submissions.”
7. KACYBER CONTENT
The Service contains Content specifically provided by KaCyber or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Subject to these Terms of Service, KaCyber grants each user of the Site and/or Service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from KaCyber, or from the copyright holder identified in such Content’s copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.
8. USER SUBMISSIONS
We may use your User Submissions in a number of different ways in connection with the Site, Service and KaCyber’s business as KaCyber may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant KaCyber a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and KaCyber’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to KaCyber does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with KaCyber.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that KaCyber will not be liable for any errors or omissions in any Content; and that KaCyber cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
9. RULES AND CONDUCT
As a condition of receiving our service, you promise not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by KaCyber in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without KaCyber’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of KaCyber or any third party;
- impersonates any person or entity, including any employee or representative of KaCyber;
- includes anyone’s identification documents or sensitive financial information; or
If the User Submission includes a photograph, KaCyber’s Photo Guidelines shall apply. KaCyber has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by KaCyber in its sole discretion) an unreasonable or disproportionately large load on KaCyber’s (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures KaCyber may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by KaCyber;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of KaCyber’s guidelines and policies.
KaCyber does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. KaCyber has no obligation to monitor the Site, Service, Content, or User Submissions. However, KaCyber reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if KaCyber is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. KaCyber also reserves the right to access, read, preserve, and disclose any information as KaCyber reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of KaCyber, its users and the public.
10. PAYMENT AND CARD SERVICES
11. FEEDBACK AND UNSOLICITED IDEA SUBMISSION POLICY
11.1. Unsolicited Idea Submission Policy
KaCyber or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to KaCyber or any of its employees. The sole purpose of this clause is to avoid potential misunderstandings or disputes when KaCyber’s products or marketing strategies might seem similar to ideas submitted to KaCyber. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submissions.
11.2. Terms Of Idea Submission
You agree that: (1) your submissions and their contents will automatically become the property of KaCyber, without any compensation to you; (2) KaCyber may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for KaCyber to review the submission; and (4) there is no obligation to keep any submissions confidential.
11.3. Product Feedback
KaCyber does, however, welcome your feedback regarding many areas of KaCyber’s existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at www.kacyber.com/contact, or you can choose from the many other listed areas for your feedback. Please provide only specific feedback on KaCyber’s existing products or marketing strategies; do not include any ideas that KaCyber’s policy will not permit it to accept or consider. It’s just one more way that KaCyber can learn how to best satisfy your needs.
11.4. Feedback And Information
Any feedback you provide through our website or other media channels shall be deemed to be non-confidential, unless specified as confidential. KaCyber shall be free to use such information on an unrestricted basis.
KaCyber does not guarantee that any Content or User Submissions will be made available through our Platform. KaCyber has no obligation to monitor the Platform, Content, or User Submissions. However, KaCyber reserves the right to (a) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Platform at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if KaCyber is concerned that you may have violated the Terms of Service), or for no reason at all and (b) to remove or block any User Submissions from the Platform. KaCyber also reserves the right to access, read, preserve, and disclose any information as KaCyber reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of KaCyber, its users and the public.
12. SPECIAL TERMS FOR DEVELOPERS
13. THIRD PARTY SITES AND SERVICES
The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under KaCyber’s control, and you acknowledge that KaCyber is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by KaCyber or any association with its operators. You further acknowledge and agree that KaCyber shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
KaCyber may terminate your access to all or any part of the Service and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. WARRANTY DISCLAIMER
Save to the extent required by law, KaCyber has no special relationship with or fiduciary duty to you. You acknowledge that KaCyber has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release KaCyber from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. KaCyber makes no representations concerning any Content contained in or accessed through the Service, and KaCyber will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICE, CONTENT AND ADD-TO LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
KACYBER, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless KaCyber, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Service, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of KaCyber). KaCyber reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with KaCyber in asserting any available defences.
17. LIMITATION OF LIABILITY
ALL LIABILITY OF KACYBER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF KACYBER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KACYBER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT KACYBER, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.
NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF SERVICE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, KACYBER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOLELY IN RESPECT OF USERS LOCATED IN EUROPEAN ECONOMIC AREA (EEA) AND/OR AUSTRALIA, NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR OR YOUR LIABILITY (AS APPLICABLE) IN RESPECT OF:
- DEATH OR PERSONAL INJURY ARISING AS A RESULT OF OUR OR YOUR NEGLIGENCE (AS APPLICABLE);
- FRAUD (INCLUDING FRAUDULENT MISREPRESENTATION), THEFT OR OTHER CRIMINAL ACTIVITY.
18. GOVERNING LAW
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and KaCyber agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
19. INTEGRATION AND SEVERABILITY
These Terms of Service are the entire agreement between you and KaCyber with respect to the Service and use of the KaCyber Apps, Website, Services and Content and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and KaCyber with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, KaCyber must provide you with written notice of such waiver through one of its authorized representatives.
20. MODIFICATION OF TERMS OF SERVICE
KaCyber reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. KaCyber may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- KaCyber shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond KaCyber’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with KaCyber’s prior written consent. KaCyber may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
- The Parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the purposes of these Terms.
- Severability. If any provision of this Agreement is determined to be invalid or unenforceable by any court of competent jurisdiction or arbitrator, the remaining provisions shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though such invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. Notwithstanding the foregoing, this Agreement shall be interpreted to give effect to its fundamental terms and conditions. Any such invalid or unenforceable provision shall be reformed by the court or arbitrator as necessary to express as nearly as possible the original intent of the parties and achieve the same economic effect as the original provision.
- In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Terms or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
- Force Majeure. KaCyber will not be responsible for delays, errors, failures to perform, interruptions or disruptions in the Services or Website resulting from any act, omission or condition beyond KaCyber’s reasonable control, whether or not foreseeable or identified, including without limitation acts of God, labour strikes, lockouts, riots, acts of war, governmental regulations, fire, power failure, earthquakes, severe weather, floods or other natural disasters, hackers, or the failure of Your, Guest’s, or any third party’s hardware, software or communications equipment or facilities.
- Entire Agreement. This Agreement replaces and supersedes all previous and contemporaneous agreements between the parties, and You hereby waive all claims, refunds, credits, or damages related to or arising under any previous agreements between the parties.
- Amendment and Changes. This Agreement may be changed or amended by KaCyber or Acquirer at any time without notice, provided that, any changes that would significantly adversely affect You will be communicated to You by email, posting on the Website, or other writing. Your continued use of KaCyber’s Website or Services after the posting of any change or amendment on KaCyber’s Website or by email will constitute Your agreement to such change or amendment. KaCyber reserves the right to modify these Terms at any time with or without any further notice by uploading the revised Terms on the Website and it is Your duty to keep yourself aware of the revisions to the Terms of the Website.
- Waiver. The failure by a party to insist upon strict performance of any of the provisions contained in this Agreement shall in no way constitute a waiver of its rights as set forth in this Agreement, at law or in equity, or a waiver of any other provisions. No waiver of any provision or of any breach of this Agreement shall be deemed a further or continuing waiver of such provision, breach, or any other provision of this Agreement.
Where KaCyber has provided you with a translation of the English language version of these Terms of Service, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with KaCyber.
If there is any contradiction between what the English language version of these Terms of Service says and what a translation says, then the English language version shall take precedence.
23. QUESTIONS AND COMMENTS
KACYBER welcomes comments, questions, concerns, and suggestions. Please send feedback by email to firstname.lastname@example.org or contact KACYBER at the following address: Ecobank Plaza, 1st Floor Plot 4 Parliament Avenue, P.O. Box 8268, Kampala – Uganda.
ADDITIONAL TERMS AND CONDITIONS GOVERNING PASSENGER TICKET RESERVATION
Adoption of Agreement between User and www.KaCyber.com
All Terms and Conditions found anywhere on www.kacyber.com and/or KaCyber Apps apply.
23.1. Scope of Service/ Use and Purpose
KaCyber is an online marketplace. KaCyber is a platform that connects transport operators to travellers. At the moment, KaCyber does not directly provide transportation services.
KaCyber allows the User to surf the Website or purchase travel tickets for yourself or others. The User shall be deemed to have read, understood and expressly accepted these Terms, which shall govern the desired transaction of ticket booking through the Website for all purposes, and shall be binding on the User. Users rights and liabilities and/or the Website with respect to use of the Website and availing ticket booking facility (“Facility”) provided by the Website shall be governed by these Terms.
KaCyber is an online Marketplace, which gives prospective travellers and transport operators a platform to connect. KaCyber states the following:
- The Website is a marketplace, which merely lists the inventory of transport operators who are subscribed/registered with the Website, but does not own the services per se. Hence, the limited role of the Website is to connect You with the transport operator and vice versa.
- You understand and agree that the fare of the tickets listed and/or offered for sale by the transport operator on the Website, is solely determined by the respective transport operator, and KaCyber has no control over the fare of the tickets listed on the Website. In the event, the minimum and/or the maximum fare of the tickets, is in contravention of any law and/or any order or judgment of any regulatory authority/Tribunal/Court, it shall be the sole responsibility of the respective transport operator to ensure that such fare is in compliance with the law/order/judgment, and KaCyber shall in no way be liable for such contravention of the law/order/judgment.
- In light of the foregoing, you agree that any liability in relation to any services being offered on the Website in accordance with the applicable laws shall be that of the transport operator and not KaCyber. In case of any deficiency of service, you agree to pursue any such action arising from such deficiency of service against the transport operator and not the KaCyber.
- You further agree and acknowledge that KaCyber is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of services on the Website shall be a strictly bipartite contract between You and the transport operators listed on the Website.
- You further agree and acknowledge that all the ‘discounts/coupons (if any)’ on the Website/prices at which the tickets are being sold by the transport operator on the Website is merely an “invitation to offer” in accordance with the applicable law and shall not be construed to be an “offer” in accordance with the applicable law. Hence, in light of the foregoing, when you agree to purchase the transport tickets listed on the Website by the transport operator, that would be termed as a ‘valid offer’ under the applicable law Subsequently, when the same is being confirmed by the transport operator it tantamount to be a ‘valid contract’ as per the applicable law.
PLEASE NOTE: SIMPLY BECAUSE KACYBER IS DISPLAYING INFORMATION ABOUT A HOST, KACYBER IS NOT SUGGESTING THAT, AVAILING THEIR SERVICES IS ADVISABLE OR RISK FREE. KACYBER IS NOT LIABLE FOR ANY DAMAGES AND/OR LOSSES THAT MAY RESULT FROM THE USER DECIDING TO AVAIL SUCH SERVICES. ANY SUCH RESERVATION MADE BY THE USER IS AT THE USER’S SOLE RISK BASIS THE USER’S INDEPENDENT JUDGEMENT.
23.2. Use of Website to Purchase Tickets/ User Account
KaCyber allows the User to surf the Website or purchase travel tickets for yourself or others. KaCyber offers You the facility of opening a user account on the Website. This user account can be linked to the Your email or phone number or both. For Your use of the Website, either by registering an account with KaCyber or using the Website as a guest (unregistered user), You agree to the following:
- If You use the Website through a registered account, you agree to accept responsibility for all activities that occur through your KaCyber account.
- You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your device to prevent unauthorized access to Your account when You use the Website by registering an account with KaCyber. This includes preventing minors from accessing the site on your devices. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform KaCyber immediately if You have any reason to believe that Your password has been compromised, or if the password is being, or is likely to be, used in an unauthorized manner. KaCyber is NOT liable for any losses You may incur owing to any compromised login credentials of Your KaCyber account.
- You are required to enter a valid phone number while booking a ticket on the Website. By registering Your phone number with us, you consent to be contacted by us for the purposes of the transaction on the Website or for sending you promotional offers or content.
- By using the Website, either as a guest user or registered user, you authorize KaCyber and its agents to access third party sites, including but not limited to that of telcos, banks and other payment gateways, designated by the telco/bank or on the telco/bank’s behalf for retrieving requested information for processing transactions on the Website.
- You are responsible for ensuring the information you provide KaCyber is correct, complete and up to date. You should inform KaCyber immediately of any changes to the information that You provide at the time of registering Your account with KaCyber.
- KaCyber will not be responsible for screening, censoring or otherwise controlling transactions, including ascertaining whether the transaction is legal and valid as per the laws of any country, regardless of your country of residence or access.
- You warrant that You will abide by all such additional procedures and guidelines, as modified from time to time, in connection with Your use of Website. You shall also be liable to comply with all applicable laws and regulations regarding use of the Website with respect to the jurisdiction concerned for each transaction.
- Website may be used for Your personal and non-commercial purposes only.
- KaCyber reserves the right to refuse Your access to Website, terminate Your KaCyber account, cancel any bus ticket reservations, remove and/or edit content on the Website at any time without notice if we have reasonable belief that Your account is being used for purposes other than as permitted within these Terms.
- Use of the Website is available only to persons who can enter into legally binding contracts under the law of the Republic of Uganda and any additional applicable jurisdictions. Persons who are “incompetent to contract” within the meaning of the applicable law are not eligible to use the Website. (this includes those under the legal age of majority in the Republic of Uganda, age 18).
23.3. Disclaimer of Warranties and Liability: Booking
For the purpose of booking bus tickets through the Website, we warrant that we shall be responsible for the following activities:
- Issuing a valid ticket (a ticket that will be accepted by the transport operator); and
- Providing user support and information in case of any delays in the departure of a bus / inconvenience caused to You.
- KaCyber will process the ticket cancellation request from users subject to the cancellation and refund policy of the respective transport operator. The cancellation fee may differ for each operator.
However, We DO NOT take any liability for the following:
- The transport operator’s service not departing from/reaching the pick-up point or destination on time;
- Mechanical failure of the operator’s service causing delay or discomfort;
- The transport operator’s employee/s or other actors attitude, rudeness, language skills or personal views;
- The quality of transport operator’s services such as seats, number of stops, food and smoking policy or other policies;
- The safety, quality or any other aspect of the operation of the operator’s;
- Any injury arising from any action or failure of the driver, transport operator, transport company, or other actor;
- Any illegal, inappropriate, negligent or reckless action by any transport operator, other passenger or other actor;
- The transport operator modifying and/or cancelling your ticket reservation partially or completely due to foreseen or unforeseen circumstances;
- Your baggage or pets getting lost, stolen or damaged;
- The transport operator changing a user’s seat at the last minute to accommodate a female/child/disabled passenger;
- Service departing without You boarding, while You were waiting at the wrong boarding point (please call the transport operator to find out the exact boarding point if you are not a regular traveller of a particular transport operator);
- The transport operator removing you from the bus/ferry/train or coach for conduct or actions that violates their policies or any other reason;
- The transport operator changing the boarding point and/or using a pick-up vehicle at the boarding point to take the passengers to the service departure point; and
- The transport operator charging extra fees for your baggage disclosed or undisclosed, or not permitting Your baggage beyond a limit determined at the transport operator’s sole discretion.
23.4. Disclaimer of Warranties and Liability: Payment
By the use of any of the payment method/s available on the Website by You, KaCyber shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to any of the following:
- Lack of authorization for any transaction/s; or
- Exceeding the pre-set limit mutually agreed by You and any bank/s; or
- Any payment issues arising out of the transaction; or
- Decline of transaction for any other reason/s.
Transactions, transaction price and all commercial terms governing the provision of services are bipartite contractual obligations between You and the transport operator. KaCyber acts merely as a facilitator being an independent platform and at no point in time, enters into any direct /contractual arrangement with the users with regard to the services provided by the transport operator. Use of the payment Facility shall not render KaCyber liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud as regards the services listed on the Website.
You have specifically authorized the Website or its Hosts to collect, process, facilitate and remit payments and/or the transaction price electronically. Your relationship with Website is on a principal to principal basis and by accepting these Terms You agree that Website is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the payment facility.
You understand, accept and agree that the payment facility provided through any third party on the Website is neither a banking nor financial service provided by KaCyber, but is merely a facilitator providing an electronic, automated online electronic payment collection and remittance facility for the Transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility Website is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
23.5. Cancellation & Refund Policy:
23.5.1. Cancellation policy
KaCyber will process the ticket cancellation request from You as per the cancellation/refund policy of the transport operator. The cancellation fee and the period taken to process the refund will differ for each transport operator. Please refer to the transport operator’s cancellation policy.
23.5.2. How does the user cancel a ticket?
Please call on +256 786 100 500 for all cancellation related queries. Our user support team will help you process the request as per the cancellation policy of the transport operator.
23.5.3. Refund Policy
User will only be entitled to a refund inline with the cancellation policy of the transport operator.
In the event of dishonour of ticket by the transport operator, a full refund of the ticket fare would be processed within two (2) business days. The refund would be credited to the user within five (5) business days of the dishonour of the ticket.
23.5.4. Carriage Policy
You are responsible for ensuring that Your travel date, time and destination are correct before booking/reserving the bus tickets or when you select to confirm your ticket purchase on the Website. Please check the cancellation Policy available on the Website for details about cancellation and refunds.
In jurisdictions in which identification is required, passengers must be able to show the appropriate identification. If a jurisdictional border crossing is required, passengers must have arranged any necessary visas in advance and must have the appropriate identification. Passengers who cannot provide appropriate documents may not be able to cross jurisdictional borders.
Children 5 years or older must have a ticket at the regular fare of the ticket, unless otherwise a particular transport operator specifies otherwise in their terms and conditions.
The transport operators reserve the right to reschedule, cancel, and/or delay any journey and substitute other buses for reasons they deem necessary to do so.
You are responsible to ensure that valid and necessary government issued personal identification documents, such as a passport or national identification card are carried with you for the journey.
You are solely responsible to be at the designated boarding point reasonably in advance before departure time. We are not liable if you fail to board the bus by the time the bus departs.
The transport operators reserve the right to refuse you and your luggage from carriage on the bus for whatsoever reason that they deem justified, including but not limited to:
- Carrying of contraband, illegal substances, fragile or oversize/overweight luggage, your unruly behaviour, drunkenness or any other behaviour that the transport operator deems to affect the other passengers’ comfort or safety.
- You are unable to produce valid government issued identification proof while travelling.
- The payment of Your fare for the ticket is fraudulent;
- The booking of Your seat has been done fraudulently or unlawfully or has been purchased from a person not authorized by KaCyber
- The credit card through which your payment was made for the ticket booking has been reported lost or stolen;
- The itinerary or booking or confirmation slip is counterfeit or fraudulently obtained;
- The itinerary of your reservation has been altered by a person other than KaCyber or our authorized agent on your express instructions
- You are unable to produce a valid and legible boarding ticket for the intended travel. The boarding ticket constitutes as the prima facie evidence of the contract of carriage between the transport operator and the boarding ticket holder;
- You are deemed medically unfit to travel and may pose a health hazard to other passengers on board the bus, at the absolute discretion of the transport operator;
- You fail to arrive on time to board before the time of departure or fail to board the bus by the time the bus departs.
- If the transport operator has refused to carry You or choose to remove You from carriage as per the reasons abovementioned, we reserve the right to cancel the unused ticket and You will not be entitled to further carriage or refund of fare. We will not be liable for the consequential or incidental loss, damage, cost, or fee You may incur due to the refusal of carriage.
- Children below age twelve (12) will not be allowed to book tickets for themselves nor will be allowed to travel, unless they are accompanied by an adult.
23.6. Contact information
KACYBER welcomes comments, questions, concerns, and suggestions. Please send feedback by email to email@example.com.