Terms & Conditions

Terms and Conditions

Agreement to Terms

These Terms and Conditions constitute a legally binding Agreement made between You, whether personally or on behalf of an Entity ("You") and tecapy ("We", "Us", "Our" or "tecapy"), Concerning your access to and use of the www.tecapy.com W ebsite as well as any other Media Form, Media Channel, Mobile Website or Mobile Application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental Terms and Conditions or Documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any Jurisdiction or Country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

Terms of Sale

The Terms of Sale shall apply to all contracts for the purchase of goods and services by you from us, the Seller, the Dealer, the Merchant or any other Third-party in connection with the Site.

By placing an Order, Offer or Bid, you are offering to purchase a product or service and are subjected to these Terms and Conditions. All purchases are subjected to availability and confirmation of the price. Dispatch times may vary according to availability and are subjected to any delays resulting from you, the Seller, the Dealer or the Merchant, for which we will not be responsible.

The Seller, the Merchant, the Dealer and tecapy retain the right to refuse any request made by you in relation to a purchase. If your order is accepted or processed, we will inform you and we will confirm the identity of the party which you have contracted with. This will usually be a third party. Where a contract is made with a third party, www.tecapy.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subjected to the Terms of Sale which they supply you. This process is automated and the results and duration in which you receive the information may vary depending on factors such as location and internet connection. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized User of the Site. The cost of products and services may fluctuate. All prices advertised are subject to such changes.

Policy Enforcement . When a Buyer or Seller issues arise, we may consider the User's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with our policy enforcement in an effort to do the right thing for both Buyers and Sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
Fees and Taxes . The fees we charge for using our Services are clearly listed throughout the Site by Us, the Seller, the Dealer, the Merchant or any other Third-party in connection with the Site. We have the right, in our sole and absolute discretion to change any of our fees from time to time without any prior notice to any User. If you are a Seller/Buyer, you are liable for any transaction fees arising out of all sales made using some or all our Services, even if sales terms are finalized or payment is made outside of tecapy. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of tecapy, you may be liable to pay a final value fee applicable to that item, even if the item does not sell, given your usage of our Services for the introduction to the buyer/seller. You must have a payment method on file when selling using our Services and pay all fees and applicable taxes associated with your use of our Services within the appropriate time. If your payment method fails or your account is past due, tecapy has the right to take action as we see fit with or without notice to the User. In any jurisdiction where tecapy has obligation to collect sales taxes on sales you make using our Services, we may collect such sales taxes from you via payment method on file or via any other means available to us. Selling fees do not purchase exclusive rights to item exposure on our Services. We may display Third-party advertisements (Including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction or other credit to, Sellers.
Posting Conditions. When posting anything on our Services, you agree and comply with our User Generated Contributions policy.
Commitment Conditions. License/Token fees are not refundable even when the deal does not go through between the Buyer & the Seller. When buying/selling an item on our Services, you agree that; your offer or bid price is final and is not subjected to any changes once the negotiations are taken of the Site.
Purchase Conditions. When buying an item on our Services, you agree that; You are responsible for reading full item description and related information before making a bid, offer or committing to buy, You enter into a legally binding contract to purchase an item when you commit to buy an item or when your offer for an item is accepted, We do not transfer legal ownership of items from the Seller to the Buyer.
Pricing and Availability . Whilst we try and ensure that all details, descriptions and prices which appear on this Site are accurate, errors may occur. If we discover an error in the price of any goods or services which you have ordered or purchased, we will inform you of this as soon as possible and give you the option of reconfirming your order or purchase at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
Disclaimer of Liability . In no event will we or 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 but not limited to lost profits, lost revenue, loss of data, loss of contracts, or other damages arising from your use of the Site.

Third-party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern.

You should review the applicable Terms and Policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Site. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with most advertisers.

Linking to the Website

You may link to our home page or product pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of Association, Approval or Endorsement on Our part where none exists. You must not establish a link from any website page that is not owned by you. This Website must not be framed on any other Site. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.tecapy.com and you should not rely on the existence of such a Connection or Affiliation. Any trademarks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or Connected to www.tecapy.com.

User Registration

You may be required to register with the Site. You agree to be responsible for all use of your account and its details. We reserve the right to remove, reclaim, or change a username or account you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any leaking, loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

User Representation

By using the Site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete.
You will maintain the accuracy of such information and promptly update such registration information as necessary.
You have the legal capacity and you agree to comply with these Terms and Conditions.
Not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
You will not use the Site for any illegal or unauthorized purpose.
Your use of the Site will not violate any applicable law or regulation.
You allow us to send you regular messages through our platform or any other media platform using any information such as but not limited to your phone number or email address which you have provided.
You accept that you understand that you can roll out of the regular messaging by sending STOP on the platform on which you would like us to stop sending messages or by reaching out to us on our email address: [email protected].
You acknowledge that you are aware that we might have sent you a marketing message through any platform other than our own, such as but not limited SMS platforms, and do forgive us for the inconveniences caused in the process.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.

User Generated Contributions

The Site may invite you to Chat, Contribute to, or participate in Purchasing, Posting, Bidding, Advertising, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or on the Site, including but not limited to text, writings, video, photographs, graphics, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Site and through third-party Websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

You assume full responsibility for the item offered and the accuracy and content of the Contributions.
Your fixed-price Contributions may expire after the number of days you have applied for.
We may revise product data associated with Contributions to supplement, remove, or correct information.
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, illegal, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion;

To edit, redact, or otherwise change any Contributions.
To re-categorize any Contributions to place them in more appropriate locations on the Site
To pre-screen, block or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Mobile Application License

If you access the Site via a Mobile Application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile Application on wireless electronic devices owned or controlled by you, and to access and use the Mobile Application on such devices strictly in accordance with the Terms and Conditions of this Mobile Application license contained in these Terms and Conditions.

You shall not:

Decompile, reverse engineer, disassemble, and attempt to derive the source code of, or decrypt the application.
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application.
Violate any applicable laws, rules, or regulations in connection with your access or use of the application.
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application.
Use the application for any unpermitted revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended.
Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time.
Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application.
Use the application to send automated queries to any website or to send any unsolicited commercial e-mail.
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Variation

www.tecapy.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Site.

Site Management

We reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms and Conditions.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such User to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
Otherwise manage the Site in a manner designed to protect our Rights and Property and to facilitate the proper functioning of the Site.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell illegal goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our Support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another User.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise without our permissions.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our Employees or Agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Post, list or upload content or items in inappropriate categories or areas on our Site.
Fail to pay for products or services purchased by you unless you have a valid reason, for example, the Seller has materially changed the item's description after you bid.
Fail to deliver products or services sold by you, unless you have a valid reason.
Manipulate the price of any item or interfere with any other user's listings.
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content.

Breaching this provision would constitute a criminal offense and www.tecapy.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them or take action as we see fit.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments and if any complaint with Us is not satisfactorily resolved, you can contact us again for better solutions.

Dispute Resolution

Option 1 : Any legal action of whatever nature brought by either You or Us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Uganda, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose.

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 31 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. You understand that without this provision, you would have the right to sue in the Court and have a Jury Trial.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org .

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Uganda.

Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Uganda and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than 1 year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Option 3: Binding Arbitration

To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a "Dispute" and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.

You understand that without this provision, you would have the right to sue in the Court and have a Jury Trial.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Uganda. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Uganda, and the Parties hereby consent to, and waive all defenses of lack of, personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than 1 year after the cause of action arose.

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law.

No arbitration shall be joined with any other proceeding.
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures.
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 persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party.
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use.
Any claim for injunctive relief.

Indemnification

You agree to defend, indemnify, and hold Us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Your Contributions.
Use of the Site.
Breach of these Terms and Conditions.
Any breach of your representations and warranties set forth in these Terms and Conditions.
Your violation of the rights of a third party, including but not limited to intellectual property rights.
Any overt harmful act toward any other User of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Electronic communications, transactions and signature

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. & 512(c) (3) and include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site is covered by the Notification, a representative list of such works on the Site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us/Our Designated Copyright Agent using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located.
A statement that you will accept service of process from the party that filed the Notification or the party's agent.
Your name, address, and telephone number.
A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
Your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and Attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent,

MPAL SMC LTD

Kampala - Uganda

[email protected]

Privacy Policy

We may collect information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. The information collected is used to provide a great user experience when using our services.

We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site may be hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

We have the discretion to update the Terms and Conditions at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about any changes made to the page. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically and become aware of modifications.

Corrections

There may be information on the Site that contains t ypographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We and Users responsible reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Intellectual property, Software and Content

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

Tecapy does not claim to own the ownership to the Marks of our licensors and the respective third-parties that are featured on this Website. All ownerships belong to their respective owners and not tecapy but tecapy has a right to use all Marks on the Site as they see fit without permission from their respective owners.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

The tecapy logo and website design are our registered trademarks. No license or consent is granted to you to use these marks in anyway, and you agree not to use these marks in anyway and you agree not to use these marks or any marks which are similar without the written permission of tecapy.

Any infringement of the Intellectual property rights of any party on this site will be reported to the relevant authorities upon discovery or dealt with by tecapy as seen fit.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A notice of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Limitations of Liability

In no event will We or 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 but not limited to lost profits, lost revenue, loss of data, loss of contracts, or other damages arising from your use of the Site, even if we have been advised of the possibility of such damages and excludes any liability from us for any personal injury or death caused by our negligence, to the extent permitted by law.

Disclaimer of Liability

This Site is provided on an as-is and as-available basis. You agree that your use of the Site and our Services will be at your sole risk to the fullest extent permitted by law, we disclaim all warranties, expressed or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site's content or the content of any Website linked to the Site and we will assume no liability or responsibility for any;

Errors, mistakes, or inaccuracies of content and materials.
Pricing, shipping, format, or other guidance provided by tecapy.
Personal injury, theft or property damage, of any nature whatsoever resulting from access to and use of the Site.
Any unauthorized access to or use of our secure servers and or any and all personal information and or financial information stored therein.
Any interruption or cessation of transmission to or from the Site.
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party.
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked Website, or any Website or Mobile Application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Term and Termination

These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of this Site (Including blocking certain IP Addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Governing Law and Jurisdiction

These Terms and Conditions and all matters relating to your access to, or use of, the Site and the Services shall be governed by and construed in accordance with the laws of Uganda without giving effect to any principles of conflicts of law. You hereby agree to submit to the non-exclusive jurisdiction of Uganda courts.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Release

If you have a dispute with one or more users, you release us (and our affiliates, subsidiaries, our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (Whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Headings

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting these Terms and Conditions.

Miscellaneous

These Terms and Conditions and any Policies or Operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no Joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site unless otherwise communicated. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Contact Us

If you have any questions about these Terms and Conditions, the practices at this Site, or your dealings with this Site, please Contact Us at:

[email protected]

Last Updated

01/06/2024