Term and Conditions of Use

Version 1.0 (2021)

    These Terms and Conditions apply to the entire content of the Application and to any correspondence by email between you and us. You should read these Terms and Conditions carefully before using the Application. By using the Application, you indicate that you accept these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not access or use the Application.

    Introduction

    1. These Terms and Conditions are issued by KASHU. When we use “KASHU”, “we”, “us” or “our”; in these Terms and Conditions we are referring to KASHU. and any of our affiliates. When we use “you” or your”, we are referring to you, the user accessing this Application..
    2. You will be bound by those Terms and Conditions where you are an individual accessing a page of the Application, whether via the homepage or not. Where you are accessing the Application in the course of employment you act as your employer’s agent; your acceptance of these Terms and Conditions is deemed acceptance by your employer of these Terms and Conditions and any reference to “you” shall be deemed to include your employer.
    3. We may modify these Terms and Conditions from time to time, and such modifications shall be effective immediately upon posting on the Application. You should check these Terms and Conditions periodically so that you are aware of such modifications, as your continued access or use of the Application will demonstrate your acceptance of the Terms and Conditions as modified. If you do not accept any modifications, then do not access or use the Application.
    4. You will be able to access material on most areas of the Application without going through a registration process.

    Statutory rights

    5. Nothing in these Terms and Conditions will affect your statutory rights.

    Copyright and Intellectual Property Rights

    6. The Application is owned and operated by KASHU. All of the content featured or displayed on this Application including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”) is owned by KASHU. All elements of KASHU Application including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. This Application, its Content and all related rights shall remain the exclusive property of KASHU. or its licensors unless otherwise expressly agreed.
    7. All material contained in this Application, provided by KASHU is only intended for the lawful use by its customers, employees and members of the general public. The material may not be copied, republished, incorporated into another Application or reproduced (whether by linking, framing or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the written consent of KASHU.

    Access to the Application

    8. We endeavour to make the Application available uninterrupted and fault free. However, we will not be liable if for any reason the Application is unavailable at any time or for any period. Access to the Application may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reason.

    Your obligations

    9. You must not violate any applicable national or international law which Paypal operate in accessing or using the Application.
    10. You must not manipulate or otherwise display the Application by using framing or similar navigational technology. You may not link to the Application without our prior written consent.
    11. You are responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of the Application and for meeting all costs associated with that equipment.
    12. You are prohibited from uploading, posting or transmitting to or from the Application any material:

    a. that is threatening, defamatory, obscene, indecent, seditious, offensive,
    pornographic, abusive, liable to incite racial hatred, discriminatory, menacing,
    scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy
    or which may cause annoyance or inconvenience; or
    b. for which you have not obtained all necessary licences and/or approvals; or
    c. which constitutes or encourages conduct that would be considered a criminal offence,
    give rise to civil liability, or otherwise be contrary to the law; or
    d. that infringes our or any other third parties patent, trademark, trade secret, copyright
    or other proprietary rights, in Uganda or any other country in the world which Paypal
    operate; or
    e. which is technically harmful (including, without limitation, computer viruses, logic
    bombs, Trojan horses, worms, corrupted data or other malicious software or harmful
    data or code).
    13. You may not misuse the Application (including, without limitation, by hacking).
    14. Please note that we shall aim to co-operate fully with any law enforcement authorities or court orders requesting or directing us to disclose the identity or locate anyone posting any material in breach of Section 12 or 13 above.
    15. You shall indemnify us, our affiliates, suppliers and employees from and against all losses, expenses, damages and costs (including legal fees) arising as a result of your breach of these Terms and Conditions, your negligence or otherwise as a result of your use of the Application.

    Disclaimers

    16. You assume responsibility and risk for your use of the Application and the Internet generally. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, advertising and other information provided on the Application, via a link or on the Internet generally.
    17. You acknowledge that KASHU does not and cannot provide any warranty in relation to any goods or services advertised for sale on the Application by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended.
    18. While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the Application, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law, that the Application or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the Application or any part of the content or materials, are appropriate or available for use either in the Uganda or in other jurisdictions. If you use this Application from other jurisdictions, you are responsible for compliance with applicable local laws.
    19. We may make changes to the material on the Application, or to the products and services described in it, at any time without notice. The material on the Application may be out of date, and we make no commitment to update such material.
    20. Any opinions, advice, statements, offers, advertising, products, or other information expressed or made available by third parties on the Application, or via a link, are those of the third party concerned. We neither endorse nor are responsible for the accuracy or reliability of any thirdparty material. KASHU does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the Application.
    21. We do not guarantee or warrant those files available for downloading through the Application will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Application for the reconstruction of any lost data.
    22. We shall have no responsibility or liability with respect to loss or damage caused by any representations, inducement, misrepresentations or fraud to you through any rapid means of communication other than the Application including but not limited to short messaging system, call, WhatsApp chat and Facebook Messenger.
    23. We accept full liability to you for:

    a. death or personal injury caused by our negligence; or
    b. any fraud we commit; or
    c. any other liability which cannot be excluded or limited under applicable law.Nothing in these Terms and Conditions will exclude or limit that liability.
    24. Other than any liability to you under clause 26 above, we accept no liability however caused (to the maximum extent permitted by applicable law) arising out of the use of or access to this Application (which includes without limitation) any errors or omissions contained in this Application or if the Application is unavailable and we shall not be liable, direct or indirect, for:

    a. any business loss including loss of revenue, profits or anticipated savings (whether
    those losses are the direct or indirect result of our default);
    b. loss of goodwill or reputation; or
    c. economic losses (including without limitation loss of revenues, data, profits, contracts,
    use, opportunity, business or anticipated savings); or
    d. any loss which was not reasonably foreseeable to us when you accessed or used the Application (even if it results from our failure to comply with these Terms and
    Conditions or our negligence); or
    e. any other loss or damage whatsoever which you suffer (even if it results from our
    failure to comply with these Terms and Conditions or our negligence and even if it was
    foreseeable to you and us when you accessed or used the Application); arising in
    connection with your use or inability to use the Application; or any information, or
    transactions provided on the Application, via a link, or downloaded from the
    Application or any delay in the provision of such information or service.

    Links

    25. You may use the Application to link to third party Applications. If you use any link, you will leave the Application. Your use of any third-party Application will be subject to that third party’s terms and conditions. We do not monitor the content of third-party web sites and any links provided are for your convenience only.

    Information you provide

    26. We respect and are committed to protecting your privacy. Our Privacy Policy informs you how your personal information is processed and used. We will use our reasonable endeavours to take steps to use your personal information only in ways that are compatible with the Privacy Policy.
    27. Other than your personal information, which is covered by the Privacy Policy, any material you transmit or post to the Application shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designers shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text and other things for any and all commercial or non-commercial purposes.

    Governing law

    28. These Terms and Conditions shall be governed by, and construed in accordance with, the laws of Uganda.

    Assignment

    29. These Terms and Conditions are personal to you. You shall not assign or transfer to anyone any of your rights or obligations under these Terms and Conditions without our prior written consent. You agree that this Agreement may be automatically assigned by KASHU, in its sole discretion, to a third party in the event of a merger or acquisition.
    30. Nothing in these Terms and Conditions shall be deemed to grant any rights or benefits to any person other than you or us.

    Waiver

    31. Any waiver by either you or us of any right under these Terms and Conditions will be confined to the circumstance in which it is given. It shall not affect the subsequent enforcement of the same right or the enforcement of any other right.

    Severability

    32. If any part of these Terms and Conditions is for any reason found by a court or any other authority of competent jurisdiction to be void or otherwise unenforceable, that part shall be deemed omitted from these Terms and Conditions. The remainder of these Terms and Conditions shall remain in full force and effect to the maximum extent permitted by law.

    Entire agreement

    33. These Terms and Conditions contain all our commitments and constitute the entire agreement between you and us in relation to your use of the Application. No other statement we make, including statements in any brochure or promotional literature published by us, may be incorporated into this agreement or have any legal effect.

    Registration Information

    34. In order to avail our services, you will be required to create an account and select a username and password. You may be asked to provide some personal information as well. You agree at all times that all the information you provided to us is accurate and complete, and you will oblige to regularly update this information as and when required. You agree to not impersonate any other individual or entity, misrepresent affiliation with any person/entity, or hide any required information from KASHU for any purpose. We agree to protect the information you provide to us, in accordance with our privacy policy. Failure to do so will constitute a breach of our terms and may lead to the termination of your account.
    35. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices, which includes but is not limited to computers, mobile devices and/or any other device a substantial purpose of which is facilitating telephonic communication, but which also incorporates functionality that allows viewing of the Sites and its contents. You agree to accept responsibility for all activities that occur from your account or password.

    Service Communications and alerts

    36. When you create an account with KASHU, you automatically subscribe for various types of alerts. You can customize or deactivate such alerts by changing your account settings.

    Termination/Access restriction

    37. You and/or we may terminate these Terms and Conditions at any time, without prior notice, for any reason. All provisions of these Terms and Conditions which grant continuing rights or impose continuing obligations shall survive termination of these Terms and Conditions.
    38. We may, in our sole discretion, terminate your access to the Application, at any time, without notice.

    Internet Communications

    39. In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, KASHU reserves the right to monitor all internet communications, including web and email traffic, into and out of its domain. Monitoring includes (without limitation) checks for viruses and other malignant code, criminal activity, and use or content that is unauthorised or unlawful or material that may cause offence in any way.
    40. KASHU cannot guarantee continuous or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of KASHU control. For avoidance of doubt, KASHU is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.

    Miscellaneous

    41. Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
    42. No agency, partnership, joint venture, employee-employer or franchisor-franchisee
    relationship is intended or created by this Agreement.

    Conflict

    43. Please kindly note that where this Agreement has been translated to any other non-English language, in the event of any inconsistencies in the meaning of any provision of the English language text of this Agreement, the English language text shall prevail.

    Contact Details

    44. If you have any questions or comments regarding the Agreement, please contact KASHU.