Agent - Terms of Use
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 which includes 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 Partner App platform. By using any of the services you become a Service Provider on the SafeBoda Partner App 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 partner app. We may amend this agreement at any time by posting the amended terms on the SafeBoda application. You may not have access to the SafeBoda Partner application before accepting these terms. These Terms of Use do not apply to the sale of services.
Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account”
means an account required for an Agent, to access and/or use certain areas of Application, as detailed in Clause 4;
“Content”
“SafeBoda Agent,
“SafeBoda”
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;
means an independent business or person operating as a mobile money agent for SafeBoda
means all versions of the SafeBoda applications.
“SafeBoda Cashless”
means the wallet balance owed to a SafeBoda Agent as the result of services provided to Users through the SafeBoda applications.
“SafeBoda Support Desk”
means the in-person support and the call-centre available to all current and prospective SafeBoda Agents in the various locations where SafeBoda is operational.
“Service Provider”
means any individual or business, including Agents, offers goods or services to Customers/Users on the SafeBoda platform.
“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 include personal information, images and all data
“We/Us/Our”
means all licensees of the SafeBoda applications.
More information about SafeBoda is available at our website - www.safeboda.com, or on request by emailing team@safeboda.com
2.1. Any Agent seeking to become a SafeBoda Agent must first apply for and succeed in passing all the necessary requirements, including but not limited to onboarding and KYC checks and all the requisites under the law.
2.2. Only an approved SafeBoda Agent is allowed to access our Application.
2.3. Any agent seeking to become a SafeBoda Agent shall allow SafeBoda to conduct a suitability assessment and due diligence on a person before appointment and this may also be conducted during the agency relationship with SafeBoda.
2.4. We reserve the right to discontinue, stop or preclude anyone from accessing our Application at any time and for any period. We shall not be liable to you in any way if such access is made unavailable to you at any time.
2.5. It is the responsibility of the SafeBoda Agent to make any and all arrangements necessary in order to access Our Application. Any SafeBoda Agent who is unable to access the Application should contact us for clarification and guidance.
2.6. 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.
2.7. it is the responsibility of an Agent not to subcontract any or part of its contractual obligations to a third party without SafeBoda’s consent.
3.1. A SafeBoda Agent shall remain a fully independent business person. The SafeBoda application is a mechanism for a SafeBoda Agent 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 Agents, riders, or third parties. Responsibility for the decisions made regarding providing or accepting transportation rests solely with the User and the SafeBoda Agent.
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. SafeBoda Agent shall take reasonable precaution 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.
3.6. SafeBoda Agents 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 Agent during the registration process and will be updated from time to time. It is the responsibility of the SafeBoda Agent 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 Agents and Users. SafeBoda Agents agree to adhere to the pricing set out by us or the SafeBoda application. Any SafeBoda agent or vendor 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. We will from time-to-time offer incentives to SafeBoda Agents for meeting specific performance targets. All programmes of Performance Incentives or Performance Sanctions will be communicated to Agents by Us through SMS, in-app notifications or announcements and posters at SafeBoda offices. It is the responsibility of the SafeBoda Agents to clearly monitor all communications and ensure that they are aware of any changes in the programme of Incentives and Sanctions.
3.9 We reserve the right to charge a commission or other service fee to SafeBoda Agents for access to the SafeBoda platform. Such charges will be communicated to SafeBoda Agents in advance. It is the responsibility of the SafeBoda Agents to clearly monitor all communications and ensure that they are aware of any changes in the structure of pricing.
3.10 Any questions about the agreement, the practices of SafeBoda, or your dealings with us please contact us at team@safeboda.com.
4.1 Once an Agent is approved as a SafeBoda Agent he/she will be provided with an account.
4.2 When registering as a SafeBoda Agent and creating an Account, the information the Agents provides must be accurate and complete. If any of the information changes at a later date, it is the Agent’s responsibility to ensure that the Account is kept up-to-date.
4.3 It is the responsibility of the SafeBoda Agent to protect their account details and ensure that no-one else gains access. Any unauthorised access to a SafeBoda Agent’s account shall be the responsibility of the SafeBoda Agent and the SafeBoda Agent shall be liable for any resulting financial loss. If an Agent 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 unauthorised use of any Account.
4.4 A SafeBoda Agent must not use any other Agent’s Account on any SafeBoda application.
4.5 Any personal information provided in an Agent’s Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in Clause 16.
4.6 SafeBoda reserves the right to suspend or deactivate an Agent's account any time.
5.1 The SafeBoda application enables SafeBoda Agents to monitor their earnings from the SafeBoda application. All balances due from SafeBoda to the SafeBoda Agent will be clearly stated in the SafeBoda application.
5.2 We offer Agents a range of options for how and when they wish to receive the settlement for their earnings. We will endeavour to ensure that all payments are made as and when agreed between the SafeBoda Agents and Us although these may be subject to delays that are outside Our control. Any SafeBoda Agent 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 SafeBoda Agents a withdrawal fee for the internal and external costs of making payments to SafeBoda Agents.
5.3 In some jurisdictions SafeBoda Agents 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 SafeBoda Agent to check all transactions before approving and where necessary to contact the SafeBoda Support Desk.
6.1 A registered SafeBoda Agent may, under some circumstances, be eligible to use SafeBoda equipment, including but not limited to SafeBoda-branded reflectors, and SafeBoda-enabled smartphones.
6.2 We reserve the right to charge the SafeBoda Agents for use of any SafeBoda equipment. Such charges will be clearly communicated to the SafeBoda Agents 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 of any arrangement to mean that the ownership of the equipment has transferred to the Agent. For avoidance of doubt the equipment shall at all times remain the property of SafeBoda.
6.4 SafeBoda Agents commit to take 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 SafeBoda Agents commit only to use any SafeBoda Equipment while providing services through the SafeBoda Application. Any SafeBoda Agents found to be using SafeBoda Equipment while providing services through other mobile platforms 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 Agents shall be liable to pay a replacement fee that shall be communicated at the time of the loss.
7.1 Under some circumstances, a SafeBoda Agents 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 SafeBoda Agents in the SafeBoda Application. It is the responsibility of the SafeBoda Agents to contact the SafeBoda Support Desk in the event that they believe that the displayed balance is incorrect.
7.3 SafeBoda Agents understand and agree that We will make deductions from their earnings to settle the deferred payment balance. In the event that a SafeBoda Agents does not have sufficient earnings to meet the deferred payment terms then SafeBoda reserves the right to suspend the SafeBoda Agent’s account and collect all SafeBoda Equipment.
8.1 With the exception of User Content (see Clause 9), all Content included on Our Site 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.
8.2 You may not reproduce, copy, distribute, sell, rent, sub-licence, 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:
8.3.1 Access, view and use Our Application in a web browser (including any web browsing capability built into other types of software or app);
8.3.2 Download Our Application (or any part of it) for caching;
8.3.3 Print one copy of any page(s) from Our Application;
8.3.4 Download extracts from the pages on Our Application; and
8.3.5 Save pages from Our Application for later and/or offline viewing.
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 licence from Us (or our licensors, as appropriate) to do so.
9.1User 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 4 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 under sub-Clause 9.3.
9.5 A User will be responsible for any loss or damage suffered by us as a result of such 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 licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence 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.
10.1 A SafeBoda Agent may use or create a link to our Application provided that:
10.2 It is done in a fair and legal manner;
10.3 It is not done in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
10.4 A SafeBoda Agent shall not use any logos or trademarks displayed on Our Application without Our express written permission; and
10.5 A SafeBoda Agent shall not use our Application in a manner that causes damage to Our reputation or to take unfair advantage of it.
10.6 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.
10.7 A SafeBoda Agent shall not link to Our Application from any other site the main content of which contains material that:
10.7.1 is sexually explicit; obscene, deliberately offensive, hateful or otherwise inflammatory;
10.7.2 promotes violence;
10.7.3 promotes or assists in any form of unlawful activity;
10.7.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
10.7.5 Is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
10.7.6 Is calculated or is otherwise likely to deceive another person;
10.7.7 Is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
10.7.8 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 sub-Clause 10.7.3.
10.7.9 implies any form of affiliation with Us where none exists;
10.7.10 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
10.7.11 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.8 The content restrictions in sub-Clause 8.5 do not apply to content submitted to sites by other users or agents provided that the primary purpose of the site accords with the provisions of sub-Clause 8.5. 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 SafeBoda Agent, however, is prohibited from posting links on websites which focus on or encourage the submission of such content from users.
11 Links to Other Sites
11.1 Links to other sites may be included on 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. Please also access our privacy policy here. https://safeboda.com/ug/index.php/privacy
12 Disclaimers
12.1 Nothing on Our website constitutes advice on which a SafeBoda Agent 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. Please note that this exception does not apply to information concerning services for sale through Our Site. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
13 Our Liability
13.1 To the fullest extent permissible by law, We accept no liability to any Agent 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 on 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 An Agent may only use Our Application in a manner that is lawful and that complies with the provisions of this Clause 14.
14.2 An Agent must ensure that he or she complies fully with any and all local, national or international laws and/or regulations;
14.3 An Agent 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:
14.4.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
14.4.2 remove any Agent Content submitted by an Agent that violates this Acceptable Usage Policy;
14.4.3 issue you with a written warning;
14.4.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
14.4.5 take further legal action against you as appropriate;
14.4.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
14.4.7 any other actions which We deem reasonably appropriate (and lawful).
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.
16.1 You shall ensure that you have all the necessary appropriate consents and notices in place to enable lawful use, collection, transfer of Personal Data in order to fulfil the obligations under this terms of use and are responsible for and shall pay any associated costs in obtaining all consents, approvals, authorization notices, requests and acknowledgments that are necessary to allow use of the Application during the Term.
16.2 You shall fulfil all legal obligations connected with processing of personal data obtained from the use of Our Application, in particular, you shall implement the appropriate ICT system safety standards and measures in your business to protect personal data obtained from the use of our Application.
16.3 You warrant that you shall comply in general with all of the provisions of the Data Protection Act 2019 and its Regulations, and relevant statute/regulation applicable to SafeBoda.
16.4 You shall ensure that you have in place appropriate technical and organisational measures to protect against unauthorized or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorized or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymizing and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it;
16.5 Please ensure that all personnel you have access to and/or process Personal Data is kept confidential and complies with the obligations under the Data Legislation with respect to security, breach notifications and impact assessments as set out in the Data Protection and Privacy Act, 2019 and its Regulations.
17 Contacting Us
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.
18 Communications from Us
18.1 By signing up for an Account an Agent 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.
18.2 For questions or complaints about communications from Us , please contact Us at team@safeboda.com or via our Toll Free line.
19 Law and Jurisdiction
19.1 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.
19.2 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.
19.3 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.