Terms & Conditions

Last updated January 25, 2024
1. AGREEMENT TO TERMS

You and UgMuziki.app LTD (the "Company," "we," "us," or "our") are bound by these Terms of Use in relation to your access to and use of the https://www.ugmuziki.app website and any other media form, media channel, mobile website, or mobile application that is associated with, linked to, or otherwise connected thereto (collectively, the "Site").You understand and agree that any inquiries, concerns, ideas, suggestions, feedback, or other information you give to us regarding the Site (collectively, "Submissions") is non-confidential and will be the sole property of us. We will be the exclusive owners of all rights, including those to all intellectual property, and we will have unrestricted access to and use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. In addition to guaranteeing that any such Submissions are your original work or that you have the legal right to submit them, you hereby relinquish all moral rights to any such Submissions. You acknowledge that in the event that any alleged or actual infringement or misappropriation of a proprietary right in your Submissions occurs, you will have no legal recourse against us.

2. THIRD-PARTY WEBSITE AND CONTENT 

Links to other websites ("Third-Party Websites"), as well as articles, photos, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties, may be found on the Site or you may be sent via the Site ("Third-Party Content"). We do not review, monitor, or check the accuracy, suitability, or completeness of any such Third-Party Websites or Third-Party Content, and we do not assume any liability or responsibility for any such Third-Party Websites or Third-Party Content that is posted on, made available through, or installed from the Site, including the accuracy, offensiveness, opinions, reliability, privacy practices, or other guidelines of or contained in the Third-Party Websites or the T Including, referring to, approving the use of, or allowing the installation

3. ADVERTISERS

In some places of the website, such as sidebar or banner adverts, we permit advertisers to show their ads and other content. If you are an advertiser, you are entirely responsible for any advertisements you post on the website, as well as any services you offer or goods you promote. Additionally, in your capacity as an advertiser, you warrant and represent that you have all necessary rights, including but not limited to intellectual property, publicity, and contractual rights, to post advertisements on the Site. We have no other interaction with advertisers other than to provide the platform for such adverts.

4. SITE MANAGEMENT

In our sole discretion, we reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who violates either the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;(3) at our sole discretion and without restriction, deny access to, limit the availability of, or disable (to the fullest extent permitted by technology) any of your Contributions or any portion thereof; (4) at our sole discretion and without restriction, notice, or liability, remove from the Site or otherwise disable all files and content that are excessively large or otherwise burdensome to our systems; and (5) otherwise manage the Site in a way that promotes user experience.

5. PRIVACY POLICY

Data security and privacy are important to us. Check out our privacy statement at https://www.ugmuziki.app/privacy. You consent to be governed by our Privacy Policy, which is incorporated into these Terms of Use, by using the Site. Please be aware that Uganda is where the site is hosted. By continuing to use the Site, you are transferring your data to Uganda and agreeing to have it transferred to and processed in Uganda if you are accessing the Site from any other part of the world where the laws or other requirements governing personal data collection, use, or disclosure differ from those that apply in Uganda.

6. COPYRIGHT INFRINGEMENTS

We honor other people's rights to their intellectual property. Please contact us right away using the details listed below (a "Notification") if you feel that any content on or accessible through the Site violates any copyright you may have. The individual who posted or stored the content mentioned in your notification will receive a copy of it. Please be aware that if you make serious misrepresentations in a Notification, you may be held accountable for damages under relevant law. In light of this, you should think about first contacting a lawyer if you are unsure whether any content on the Site or in links to it violates your copyright.

7. TERM AND TERMINATION

While you use the Site, these Terms of Use will continue to be in full force and effect. Without limiting any other provision of these terms of use, we reserve the right to refuse access to and use of the site to anyone for any reason or no reason at all, including without limitation for violating any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation (including without limitation by blocking specific IP addresses). In any time, without prior notice, and at our sole discretion, WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED. You are forbidden from registering and setting up a new account in the name of any third person, even if you could be acting on their behalf, even if we terminate or suspend your account for any reason. We reserve the right to pursue appropriate legal action, including without limitation seeking civil, criminal, and injunctive redress, in addition to canceling or suspending your account.

8. MODIFICATION AND INTERRUPTIONS

The Site's contents are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not obligated to update any material on our website, though. Additionally, we retain the right to change or stop offering the Site altogether at any time without prior notice. Any time the Site is altered, its price is raised, it is suspended, or it is discontinued, we won't be held responsible to you or any other person. The availability of the Site cannot be guaranteed at all times. We might encounter hardware, software, or other issues or need to carry out maintenance on the Site, which would cause disruptions, delays, or mistakes. Without giving you prior notice, we reserve the right to suspend, stop, change, revise, or otherwise modify the Site at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience resulting from your inability to use or access the Site while it is unavailable or inactive. Nothing in these Terms of Use shall be deemed to oblige us to provide any updates, releases, or corrections in connection with the Site or to maintain and support the Site.

9. GOVERNING LAW 

The laws of Uganda shall govern these Terms and be followed in their interpretation. UgMuziki.app LTD and you hereby expressly agree that any dispute relating in any way to these terms shall be resolved exclusively by the courts of Uganda.

Arbitration with Effect

Any dispute arising out of or relating to this agreement, including any dispute regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) in accordance with the Rules of this ICAC, which, as a result of the referring party's reference to it, is deemed to be a part of this agreement. Three arbitrators will be appointed (3). Kampala, Uganda will serve as the arbitration's location legally. The proceedings will be conducted in English. The substantive law of Uganda shall apply to this contract.

Restrictions

The Parties concur that any arbitration will only cover the particular disputes between the Parties. To the fullest extent permitted by law, there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals, (a) no arbitration shall be joined with any other proceeding, (b) no right or authority for any dispute to be arbitrated on a class-action basis or to use class-action procedures.

Unofficial Negotiations and Arbitration Exceptions

The Parties acknowledge and agree that the following Disputes are not subject to the foregoing provisions regarding informal negotiations and binding arbitration: (a) any Disputes pertaining to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; (b) any Dispute pertaining to, or arising from, any claim for injunctive relief; and (c) any Dispute seeking to enforce or protect, or concerning the validity of, any of a Party If any part of this clause is deemed to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling under that part of the clause, which will instead be handled by a court with appropriate jurisdiction from among those named above, and both parties consent to the court's personal jurisdiction over them.

10. CORRECTIONS

The Site may contain typographical mistakes, inaccuracies, or omissions that may relate to the descriptions, prices, availability, or other information. We retain the right to change or update the information on the Site at any time, without prior notice, in order to address any mistakes, inaccuracies, or omissions.

11. DISCLAIMER

THE SITE IS AVAILABLE AS-IS AND AS AVAILABLE. YOU AGREE THAT IT IS SOLELY AT YOUR RISK TO USE THE SITE AND OUR SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OF THE SITE OR ANY WEBSITES LINKED TO THE SITE IS ACCURATE OR COMPLETE, AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES OR OMISSIONS.(1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS; (2) PERSONAL HARM OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY DISRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, WORMS, OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY, AND/OR (6) ANY MISTAKES OR OMISSIONS IN ANY CONTENT AND MATERIALS, AS WELL AS ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING ANY CONTENT POSTED, SENT, OR OTHERWISE MADE ACCESSIBLE OVER THE SITE. A THIRD PARTY'S PRODUCT OR SERVICE MAY BE ADVERTISED OR OFFERED ON THE SITE, ANY HYPERLINKED WEBSITE, OR OTHERWISE, AND WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR SUCH PRODUCTS OR SERVICES. NOR WILL WE BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR SUPERVISING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE NECESSARY WHEN BUYING A PRODUCT OR SERVICE ONLINE OR IN ANY OTHER SETTING.

12. LIMITATIONS OF LIABILITY

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, WE WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR OTHER DAMAGES RESULTING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) your violation of these Terms of Use; and (4) Any violation of the representations and warranties you made in accordance with these Terms of Use; (5) Any infringement of a third party's rights, including but not limited to intellectual property rights; or (6) Any overtly harmful act committed against another Site user with whom you have established contact through the Site.

14. USER DATA

For the purpose of managing the Site's performance, we will keep track of some of the information you send to the Site, as well as information on how you use the Site. Despite the fact that we regularly back up your data, you are solely in charge of any data you communicate or that relates to any activity you conduct while using the Site. You acknowledge that we are not responsible for any loss or corruption of such data, and you hereby release us from any claims you may have about such loss or corruption.

 15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic communications include messages sent to us via email, website visits, and online form submissions. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically through email and on the Site fulfill any legal need that such communications be in writing. You also consent to receiving electronic communications from us. THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE, ARE HEREBY AGREED TO BY YOU. You hereby waive any rights or obligations you may have under any statutes, rules, regulations, ordinances, or other legislation in any area that call for an original signature, the delivery of paper documents, their storage, or the right to payment or credit by means other than electronic ones.

16. MISCELLANEOUS

The only agreements and understandings between you and us are these Terms of Use and any other policies or operating guidelines we post on the website or in relation to the website. No right or provision of these Terms of Use shall be deemed to have been waived by our failure to exert or enforce such right or provision. To the largest extent permitted by law, these Terms of Use are in effect. All of our rights and duties are transferable at any time. Any loss, damage, delay, or failure to act brought on by a factor outside of our reasonable control shall not be our responsibility or liability. If any term or portion of a term of these Terms of Use is found to be unlawful, invalid, or unenforceable, that term or portion is deemed severable from these Terms of Use and has no bearing on the legality or enforceability of any other terms that remain in place. These Terms of Use and your use of the Site do not establish any joint venture, partnership, employment, or agency relationship between you and us. You acknowledge that the fact that we wrote these terms of use should not be used against us. You hereby waive any and all objections you may have to these Terms of Use's electronic format and the parties' failure to execute them by hand.

17. ADHERENCE TO THIS POLICY

You declare that you have read this Policy and that you accept all of its guidelines. You agree to be bound by this Policy if you use the website or its services. You are not permitted to use or access the Website and its Services if you do not agree to abide by the terms of this Policy.

18. CONTACT US

If you have any questions about this policy either would like to get in touch with us about anything related to it , have a concern about the Site or would want more information about how to use the Site, you can send an email to ugmuziki1@gmail.com.

Last updated January 25, 2024