Driver - Terms of Use
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Driver Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this Application, (“Our Application”). You must read, agree and accept all the Terms set out in this agreement, including the terms and conditions set out below. You will be required to read and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then SafeBoda is unwilling to allow you to use the SafeBoda platform. By using any of the services you become a Service Provider on the SafeBoda platform and you agree to be bound by the terms and conditions of this agreement with respect to the provision of such services. If you do not agree to be bound by the terms of this agreement, do not use SafeBoda. We may amend these Terms at any time by posting the amended terms on the SafeBoda application. You may not have access to the SafeBoda application before accepting these terms. These Terms of Use do not apply to the sale of services.
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
Information About Us - More information about SafeBoda is available at our website - www.safeboda.com, or on request by emailing team@safeboda.com
2. Our Application
2.1. Any Driver seeking to become a Driver must first apply for and succeed in passing all the necessary requirements, including but not limited to: interview, satisfactory completion of background checks, completion of training, and verification of vehicle.
2.2. Only Drivers are allowed to access our Application.
2.3. We reserve the right to discontinue, stop or preclude anyone 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.
2.4. It is the responsibility of the Driver to make any and all arrangements necessary in order to access Our Application. Any Driver who is unable to access the Application should contact us for clarification and guidance.
2.5. 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.
3. Terms of Use
3.1. Drivers remain fully independent business people. The SafeBoda application is a mechanism for a Driver to connect with Users, to whom they may wish to provide Services.
3.2. Neither the provision of access to the SafeBoda application nor any other action by SafeBoda constitutes an employment agreement or contract for services.
3.3. We have no responsibility whatsoever for the actions or conduct of any service providers or Users. We have no obligation to intervene in any way in disputes that may arise between drivers, riders, or third parties. Responsibility for the decisions made regarding providing or accepting transportation rests solely with the User and the Driver.
3.4. We will not be liable for any damages, direct, incidental, and or consequential, arising out of the use of SafeBoda, including, without limitation, damages arising out of communicating and or meeting with other participants of SafeBoda, or introduced to you via SafeBoda. Such damages include and are not limited to, physical damages, bodily injuries, death, and emotional distress and discomfort.
3.5. Drivers shall take reasonable precautions in all actions and interactions with any party they may interact with through the use of the services. SafeBoda has no control over the identity or actions of the users and service providers and SafeBoda requests that users exercise caution and good judgment when using the services. Service providers and users use the services at their own risk.
3.6. Drivers are required to adhere to the SafeBoda Code of Conduct in the relevant country when using the Application or any other SafeBoda equipment. The Code of Conduct will be provided to the SafeBoda driver during the registration process and will be updated from time to time. It is the responsibility of the SafeBoda driver to ensure that they are familiar with the latest version of the Code of Conduct.
3.7. The SafeBoda application provides fair and transparent prices for both Drivers and Users. Drivers agree to adhere to the pricing set out by the SafeBoda application. Any SafeBoda wishing to understand the way in which the SafeBoda application calculates prices or who believes there has been an error in pricing should contact the SafeBoda service desk and provide full details.
3.8. SafeBoda will from time-to-time offer incentives to Drivers for meeting specified performance targets and equally reserves the right to make deductions from Driver's earnings in line with the mode of payment policy..
3.9. Subject to clause 3.8 above, the Driver may as a result of having met the specified performance targets, as an incentive, benefit from an insurance cover. Without prejudice, the insurance cover may be available to a qualifying Driver to a tune not exceeding of UGX. 2,500,000 (Uganda Shillings Two Million Five Hundred Thousand) in accordance with the applicable insurance policy, terms and conditions. This benefit is only available to rides hailed through the SafeBoda Plus services.
3.10. All programs of Performance Incentives or Performance Sanctions will be communicated to Drivers by Us through SMS, in-app notifications, announcements, and posters at the SafeBoda premises. It is therefore the responsibility of the Driver to clearly monitor all communications and ensure that they are aware of any changes in the program of Incentives and Sanctions.
3.11. We reserve the right to charge a commission or other service fee to Drivers for access to the SafeBoda platform. Such charges will be communicated to Drivers in advance. It is the responsibility of the Driver to clearly monitor all communications and ensure that they are aware of any changes in the structure of pricing.
3.10. Any questions about these Terms of Use, the practices of SafeBoda, or your dealings with us please contact us at team@safeboda.com.
4. Accounts
4.1. Once a Driver is approved as a Driver he/she will be provided with an account.
4.2. When registering as a Driver and creating an Account, the information the Driver provides must be accurate and complete. If any of the information changes at a later date, it is the Driver's responsibility to ensure that their Account is kept up-to-date. SafeBoda shall undertake to ensure that the data is kept up-to-date and this may be reviewed regularly to ensure its accuracy.
4.3. It is the responsibility of the Driver to protect their account details and ensure that no one else gains access. Any unauthorized access to a Driver’s account through the driver’s device shall be the responsibility of the Driver and the Driver shall be liable for any resulting financial loss. If a Driver believes their Account is being used without their permission, please contact Us immediately on the SafeBoda Customer Care Line. SafeBoda will not be liable for any unauthorized use of any Account.
4.4. A Driver must not use any other Driver’s Account on any SafeBoda application.
4.5. Any personal information provided in a Driver's Account will be collected, used, and held in accordance with the rights and obligations under the law.
4.6. SafeBoda reserves the right to suspend or deactivate a Driver’s account at any time.
5. Cashless Earnings
5.1. The SafeBoda application enables Drivers to monitor their earnings from the SafeBoda application. All balances due from SafeBoda to the Driver will be clearly stated in the SafeBoda application.
5.2. We offer Drivers a range of options for how and when they wish to receive the settlement for their earnings. We will endeavor to ensure that all payments are made as and when agreed between the Driver and Us although these may be subject to delays that are outside Our control. Any Driver who believes that they have not received the correct payment should contact the SafeBoda Support Desk immediately. We reserve the right to make any corrections to future earnings in the event of an overpayment by SafeBoda. We reserve the right to charge Drivers a withdrawal fee for the internal and external costs of making payments to Drivers.
5.3. In some jurisdictions, Drivers may be offered the opportunity to use their earnings to make purchases from Us or third-party Service Providers. In such cases it is the responsibility of the Driver to check all transactions before approving and where necessary to contact the SafeBoda Support Desk.
6. SafeBoda Equipment - to apply to SafeBoda Riders.
6.1. A registered Driver may, under some circumstances, be eligible to use SafeBoda equipment, including but not limited to SafeBoda-branded items, SafeBoda-branded reflectors, and SafeBoda-enabled smartphones.
6.2. We reserve the right to charge the Driver for use of any SafeBoda equipment. Such charges will be clearly communicated to the Driver at the point of collection of the equipment.
6.3. The charge in Clause 6.2 shall not be the purchase price of the equipment and neither shall it comprise any arrangement to mean that the ownership of the equipment has transferred to the Driver. For the avoidance of doubt, the equipment shall at all times remain the property of SafeBoda. Save for any item, exclusively communicated on different terms.
6.4. Drivers commit to taking good care of all SafeBoda Equipment at all times and to return SafeBoda Equipment to SafeBoda if at any point they decide to cease using the SafeBoda Application.
6.5. Drivers commit to using only SafeBoda Equipment while providing services through the SafeBoda Application. Any Driver found to be using SafeBoda Equipment while providing services through another mobile platform will be liable to have their SafeBoda Account suspended and will be required to return all SafeBoda Equipment to SafeBoda.
6.6. Upon loss of the SafeBoda Equipment, the Driver shall be liable to pay a replacement fee that shall be communicated at the time of the loss.
7. Deferred Payment
7.1. Under some circumstances, a Driver may be offered the option of paying in installments/deferred payment on some of the charges or fees due to SafeBoda at the discretion of SafeBoda.
7.2. The balance of deferred payment will be clearly displayed to Drivers in the SafeBoda Application. It is the responsibility of the Driver to contact the SafeBoda Support Desk in the event that they believe that the displayed balance is incorrect.
7.3. Drivers understand and agree that We will make deductions from their earnings to settle the deferred payment balance. In the event that a Driver does not have sufficient earnings to meet the deferred payment terms then SafeBoda reserves the right to suspend the Driver’s account and collect all SafeBoda Equipment.
8. Intellectual Property Rights
8.1. With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled otherwise, belongs to or has been licensed by us. All Content (including User Content) is protected by applicable Ugandan, Kenyan, Nigerian, and international intellectual property laws and treaties.
8.2. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.
8.3. A User may:
8.4. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.
8.5. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.
9. User Content
9.1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments, etc.
9..2. An Account is required if a User wishes to submit User Content. Please refer to Clause 5 for more information.
9.3. 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 14.
9.4. 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.
9.5. A User will be responsible for any loss or damage suffered by us as a result of such a breach.
9.6. 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 license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license 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.
9.7. 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.
10. Links to Our Application
10.1. A Driver may use or create a link to our Application provided that:
10.2. A Driver shall not link to Our Application from any other site the main content of which contains material that:
10.3. The content restrictions in sub-Clause 10.6 do not apply to content submitted to sites by other users or drivers provided that the primary purpose of the site accords with the provisions of sub-Clause 10.6. 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 Driver, however, is prohibited from posting links on websites that focus on or encourage the submission of such content from users.
11. Links to Other Sites
Links to other sites may be included in 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.
12. Disclaimers
12.1. Nothing on Our website constitutes advice on which a Driver shall rely. It is provided for general information purposes only.
12.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, not infringe on the rights of third parties, be compatible with all software and hardware, or that it be secure.
12.3. 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.
13. Our Liability
13.1. To the fullest extent permissible by law, We accept no liability to any Driver 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.
13.2. 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 in Our Application.
13.3. 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.
13.4. Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware. However, 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.
13.5. 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.
14. Acceptable Usage Policy
14.1. A Driver may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 14.
14.2. A Driver must ensure that he or she complies fully with any and all local, national or international laws and/or regulations;
14.3. A Driver 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.
14.4. 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 14 or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions:
14.5. 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.
15. 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 affected.
16. Contacting Us
To contact Us, please email Us at team@safeboda.com or Phone: 020 050 2050 or use any of the methods provided on Our contact page at www.safeboda.com.
17. Communications from Us
17.1. By signing up for an Account a Driver agrees to receive communications from SafeBoda or any SafeBoda partner. 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.
17.2. For questions or complaints about communications from Us, please contact Us at team@safeboda.com or via our Toll-Free line at 020 050 2050.
18. Law and Jurisdiction
18.1. 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 licensed and the goods or services available in the Application are provided.
18.2. 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 licensed and in which the goods or services available in the Application are provided.
18.3. 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 licensed and in which the goods or services available in the Application are provided.
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use Our Application. You must read, agree, and accept these Terms of Use set out in this agreement which includes the terms and conditions set out below. You will be required to carefully read, understand, and accept these Terms of Use when signing up for an Account. If you do not accept all the terms of this agreement, then SafeBoda is unwilling to allow you to use the SafeBoda platform.
By using any of the SafeBoda services, you become a User of the SafeBoda platform and you agree to be bound by the terms and conditions of this agreement with respect to the provision of such services. If you do not agree to be bound by the terms of this agreement, you must stop using Our Application immediately. We may amend this agreement without notice at any time by posting the amended terms on the SafeBoda application. You may not have access to the SafeBoda application before accepting these terms.
1.1 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 Our Application, as detailed in Clause 5;
“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” means any persons or corporation providing any services through the SafeBoda Applications, including but not limited to courier services, transportation, delivery, and food or beverage services.
“SafeBoda” means all versions of the SafeBoda applications.
“SafeBoda Cashless” an in-app function that enables users to pre-pay for SafeBoda services in some jurisdictions.
“User” means a user or consumer of any SafeBoda Applications 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 personal information, images, and all data
“We/Us/Our” means all licensees of the SafeBoda applications.
More information about SafeBoda is available on our website -
www.safeboda.com, or on request by emailing team@safeboda.com
3.1. Downloading and accessing our Application is free of charge.
3.2. It is your responsibility to make any and all arrangements necessary in order to access Our Application.
3.3. 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.
3.4. We reserve the right to discontinue, stop, or preclude you from accessing Our Application at any time and for any period. We will not be liable to you in any way if such access is made unavailable to you at any time.
4.1. SafeBoda is a platform where you may conveniently access suppliers of transportation, courier services/delivery services, food and any other products or services displayed in the application.
4.2. As an intermediary/ marketplace, we do not offer the services in 4.1 but rather we offer you a ‘one stop shop’ platform collated by us where you can hail rides, courier parcels, order food and other supplies/services using safe, trained, trusted fairly priced drivers, merchants and or agents all without the hustle of bargaining.
4.3. As an intermediary, we emphasize to our community of drivers, merchants, agents, carriers and vendors the ethos of customer safety and professionalism. For your safety, each ride is identifiable and trackable through our system and, drivers, and agents all receive extensive training in road safety, first aid, bike maintenance customer care and consumer protection.
4.5. We will not be liable for any damages, direct, incidental, and or consequential, arising out of the use of SafeBoda, including, without limitation, damages arising out of communicating and or meeting with other participants of SafeBoda, or introduced to you via SafeBoda. Such damages include and are not limited to, physical damages, bodily injuries, death, and emotional distress and discomfort. Without prejudice, we may obtain an insurance policy in respect of the courier services which may be found on Our platform
4.6. We do not have any responsibility, including to take further actions or legal actions deemed necessary by a User or service provider or Third Party, for any problem or dispute that arises between You and a Service Provider or Third Party. We may however, facilitate any problems or disputes that arise between You and the Service Provider or Third Party with reasonably necessary actions. When we facilitate a resolution of problem or dispute between You and a Service Provider or Third Party, we do not act as a mediator and such an action does not cause any further responsibility to Us.
4.7. Users and Service Providers shall take reasonable precautions in all actions and interactions with any party they may interact with through the use of the services on the APP. We have no control over the identity or actions of the Users and service providers; SafeBoda requests that Users exercise caution and good judgment when using the services. Service providers and Users use the services at their own risk.
4.8. Should you have any questions about this agreement, the practices of Services Providers, or require further details about a particular Service Provider, please contact us at team@safeboda.com
5.1. Certain parts of Our Application (including the ability to purchase services from Us) may require an Account in order to access them.
5.2. 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.
5.3. When you create an account, you are responsible for providing information that is true, accurate and complete. We shall rely on any information provided by you as the true account of such information. If any of your information changes at a later date, it is your responsibility to update your account and keep it up-to-date.
5.4. If you believe that your account has been hacked or is being used without your permission, it is your responsibility to contact us immediately you suspect or discover an intrusion. We will not be liable for any unauthorized use of any Account.
5.5. Since each account contains personal identifiers and information, please do not use another User’s account without the express consent of the User to whom the account belongs.
5.6. 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 our Privacy Policy.
5.7. We are an e-commerce platform and by necessity collect and process data which may include personal data. Any data we collect is used to deliver services to you, help improve our services and to inform you of any offers/deals from us and/or our partners. By using our App, you give your consent for us to collect, use and process your personal data either within or out of your geographical location. We have provided details on what data we collect and with whom we share it with in our Privacy Policy.
5.8. You may elect to withdraw the consent in 5.7 or to manage what data is collected, used and/or processed by contacting us using the channels provided in clause 16. Withdrawing your consent to collect may affect the quality of your user experience.
5.9. 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 the closure of an account.
5.10. When an account is closed, any reviews or comments created on Our Site will be anonymized by removing the username.
6.1. In some jurisdictions, the SafeBoda Application may present users with the option to pre-pay for SafeBoda services using mobile money transfers, bank transfers, or cash payments to drivers or merchants. This option is designed to improve the convenience and security of the User.
6.2. Pre-paid SafeBoda balances constitute e-money or financial deposits governed under the National Payment Systems Act, 2020.
6.3. In some jurisdictions the SafeBoda Application may present Users with the option to use their SafeBoda balance to purchase goods or services from other Service Providers or to transfer their SafeBoda balance to another User and make payments for utilities or other such fees.
6.4. The User is obligated to manage their account details (including PIN) in a secure and confidential manner and is responsible for ensuring that they do not disclose such information or make it available to third parties. If such information is used by unauthorized persons, SafeBoda shall not be liable for any damages or losses caused thereby.
6.5. SafeBoda reserves the right to suspend cashless services or payment at any point. SafeBoda shall at any time suspend the cashless services without notice to the User where there is any indication of fraudulent or suspicious activity on the user account.
6.6. The User is obligated to notify SafeBoda Customer Care without delay of any suspicious activity on his/her account that may lead to damage or loss.
6.7. The User shall provide the full name, the legal status of the person; the physical address, and the telephone number of the person; for purposes of using the Cashless service.
6.8. The User will find available on the App a link to the website or contact email address of SafeBoda, alongside a brief description of how the App works in a manner sufficient to inform the SafeBoda User of the App and how they can use it.
6.9. The User will also have access to information as regards the estimated price of the ride and any other costs to be incurred for the ride.
6.10. The User will also have access to the history of their trips on the App and the App will keep a record of the transactions requested for on the App.
6.11. The User will have access to security procedures and SafeBoda’s privacy policy in respect of payments and payment information, and any other related policies which can be found on Our website.
6.12. You will be given all the relevant information to assist you to review your trip, make corrections before you order, and a chance to cancel before placing an order for a ride or other service.
7.1. With the exception of User Content (see Clause 8), all Content included in our Application 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 Ugandan and international intellectual property laws and treaties.
7.2. You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.
7.3. A User may:
7.3.1. Access, view, and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
7.3.2. Download Our Application (or any part of it) for caching;
7.3.3. Print one copy of any page(s) from Our Application;
7.3.4. Download extracts from the pages on Our Application; and
7.3.5. Save pages from Our Application for later and/or offline viewing.
7.3.6. Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.
7.3.7. A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.
8.1. User Content on Our Site includes (but is not necessarily limited to) product reviews, comments, etc.
8.2. An Account is required if a user wishes to submit User Content. Please refer to Clause 3 for more information.
8.3. 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 13.
8.4. 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 under sub-Clause 7.2.
8.5. A User will be responsible for any loss or damage suffered by us as a result of such breach.
8.6. 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 license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license 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.
8.7. 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.
8.8. If you wish to remove User Content from Our Application, the User Content in question will be deleted or anonymized. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
9.1. You may link to Our Application provided that;
9.1.1. you do so in a fair and legal manner;
9.1.2. you do not do so in a manner that suggests any form of association, endorsement, or approval on Our part where none exists;
9.1.3. you do not use any logos or trademarks displayed on Our Application without Our express written permission; and
9.1.4. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
9.1.5. Framing or embedding of Our Application on other websites is not permitted without Our express written permission. Please contact Us at team@safeboda.com for further information.
9.1.2. You may not link to Our Application from any other Application the main content of which contains material that;
9.1.2.1. is sexually explicit;
9.1.2.2. is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.1.2.3. promotes violence;
9.1.2.4. promotes or assists in any form of unlawful activity;
9.1.2.5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
9.1.2.6. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.1.2.7. is calculated or is otherwise likely to deceive another person;
9.1.2.8. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
9.1.2.9. 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 Clause);
9.1.2.10. implies any form of affiliation with Us where none exists;
9.1.2.11. 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
9.1.2.12. is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.3. The content restrictions in sub-Clause 8.7 do not apply to content submitted to sites by other Users or 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.
Links to other Applications may be included in our Application. Unless expressly stated, these Applications are not under our control. We neither assume nor accept responsibility or liability for the content of third-party Applications. The inclusion of a link to another Application on our Application is for information only and does not imply any endorsement of the Applications themselves or of those in control of them.
11.1.1. Nothing on Our Application constitutes advice on which you should rely. It is provided for information purposes only.
11.1.2. Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
11.1.3. 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.
12.1. SafeBoda accepts 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.
12.2. Without prejudice, remedy through insurance may be available for loss or damage to postal articles up to the value of UGX 1,000,000 (Uganda Shillings One Million Only) couriered through the SafePosta Express service only.
12.3 If you are a Business User, we hereby exclude all implied conditions, warranties, representations, or other terms that may apply to Our Application or Content. We will not be liable for any 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.
12.4. SafeBoda excludes all representations, warranties, and guarantees (whether express or implied) that may apply to Our Application or any Content included on Our Application.
12.5. Reasonable skill and care shall be exercised to ensure that Our Application is free from viruses and other malware. However, 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.
12.6. 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.
13.1. You may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically;
13.1.1. you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
13.1.2. you must not use Our Application in any way, or for any purpose, that is unlawful or fraudulent;
13.1.3. you must not use Our Application to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
13.1.4. you must not use Our Application in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.1.2. We reserve the right to terminate access to Our Application if a User is in material breach of the provisions of this Clause 13 or any of the other provisions of these Terms of Use. Specifically, we may take one or more of the following actions;
13.1.2.1. whether temporarily or permanently, your Account and/or your right to access Our Site;
13.1.2.2. remove any User Content submitted by a User that violates our Acceptable Usage Policy;
13.1.2.3. issue you with a written warning;
13.1.2.4. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
13.1.2.5. take further legal action against you as appropriate;
13.1.2.6. disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
13.1.2.7. any other actions which We deem reasonably appropriate (and lawful).
13.1.2.8. 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.
14.1 Use of Our Application is also governed by Our Cookie and Privacy Policy. These policies are incorporated into these Terms of Use by this reference.
15.1 We may alter these Terms of Use at any time and without notice to you. Any such changes will become binding on you upon your first use of Our Application after the changes have been implemented. You are therefore advised to check this page from time to time.
15.2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
16.1 To contact Us, please email Us at team@safeboda.com or using any of the methods provided on Our contact page at www.safeboda.com.
17.1. 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, and changes to your Account.
17.2. For questions or complaints about communications from Us, please contact us at team@safeboda.com or via our Customer Call Line.
18.1. 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 Uganda.
18.2. 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 Uganda.
18.3. 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 Uganda.