Last Updated on 23^rd November 2022

USER TERMS OF USE

The following Terms of Use (this "Agreement") describes the terms and conditions under which the services of africavotes.com website (this "Website") are provided. By accessing this Website and using any service provided, including but not limited to viewing any of its content, utilization of any resources, information, materials, and results or output derived from such services and products on the Website, you expressly agree to be bound by this Agreement, including the terms of our Privacy Policy, and all applicable laws and regulations governing the use of this Website. In this Agreement, underlined terms serve as links to pages within this Website that contain important information concerning your use of our services. We suggest that you access and become familiar with these pages, including but not limited to our Privacy Policy, as you read this Agreement. If you do not agree with this Agreement, Privacy Policy, then you are not authorized to use the Website.
africavotes.com may revise and update these Terms of Use from time to time without notification to its users. Accordingly, we encourage our users to regularly check this Agreement for changes.

INTRODUCTION

This Agreement and use of the website is an online service provided by africavotes.com, a Xopa Limited Product (sometimes referred to herein as the "Company", "we" or "our") with a principal place of business in Uganda. The website consists of voting services, which may include access to other ticket resources, and related content provided by the Company and by third parties.
This Website is subject to the terms and restrictions contained herein and are for private personal use by consumers only ("Users"). Any other use or attempt to use this Website, or any of the services is strictly prohibited.

CHANGES IN TERMS AND CONDITIONS

The Company reserves the right to modify, suspend, or discontinue any aspect or feature of this Website, or this Agreement at any time. This includes but is not limited to, the right to change or discontinue any service provided by the Company, the content displayed on this Website, hours of availability, and equipment needed for access or to use this Website, at any time. africavotes.com shall not be liable to you or any third party for any modification, suspension, or discontinuance. The failure of africavotes.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Unless expressly stated otherwise, any new features that augment or enhance the current services provided through this Website also will be subject to the provisions of this Agreement.

PERMITTED USE OF THIS WEBSITE

This Website is the property of africavotes.com. and your access to this Website is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.

PROHIBITED USE OF THIS WEBSITE

You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users.
As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:

Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;

Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to voting;

Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware, and connections, or prohibits, denies or delays access to this Website by others;

Download or copy any content displayed on this Website for purposes other than preserving information for your personal use;

Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company's prior written permission;

Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the "QR" system used as part of this Website's ticket purchasing process;

Access, reload or refresh this Website's transactional event or ticketing pages, or make any other request to this Website's transactional servers, more than once during any two second interval; or Request more than 500 pages of this Website in any twenty-four-hour period.

You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website, any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP's, suppliers and vendors.

Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.

TRANSACTION AND PROCESSING FEES

There is no fee for accessing this Website and viewing our content and the content of third parties that we display.
If you decide to boost, you agree to pay, in addition to the price for the boost, charges that we may impose, including but not limited to, convenience fees, processing fees, and other miscellaneous fees. The amount of each fee may vary, depending on the projects or boost fee you boost and the method of paymets you select to boost with.
You are urged to review all pages displayed during your completion of a boost. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.

LINKS TO OTHER WEBSITES

We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with africavotes.com. Any content, product or service provided by other websites is under the exclusive control of such third parties and not africavotes.com. Your access to and use of any other Website, and any transaction in which you engage on any other website is subject to the applicable user agreements and privacy policies of that website. By access and use of any other website, you expressly disclaim all liability of africavotes.com with respect to your, or third party's actions on these other websites. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.

ELECTRONIC COMMUNICATIONS

Subject to the Privacy Policy, when you boost or merchandise from us, or when you become a registered user with us to facilitate future transactions, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding a purchase you are making or an event to which you have boost. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures, and notices, including any updates to this Agreement may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing.
In addition, when you boost or merchandise from us, or when you become a registered user with us, you agree that you have established a business or personal relationship with the Company and you consent to receive email notices or advertisements from us in the future about events, products or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you should unsubscribe now.

DOWNLOADING OF INTELLECTUAL PROPERTY

Other than third party materials that africavotes.com uses in accordance with applicable law and content posted by Users, africavotes.com owns all Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the "NDI Elements"). The NDI Elements are protected, without limitation, pursuant to Uganda and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any NDI Elements to any third party (including, without limitation, the display and distribution of the NDI Elements via your own or a third party website) without africavotes.com's express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the NDI Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. africavotes.com neither warrants nor represents that your use of the NDI Elements will not infringe rights of third parties.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Website are registered and unregistered marks of africavotes.com or are otherwise used in accordance with applicable law. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without africavotes.com's written permission. Your use of the Trademarks displayed on this Website, except as provided in these Terms of Use, is strictly prohibited. africavotes.com will aggressively enforce its intellectual property rights to the fullest extent of the law.

DISCLAIMERS, LIMITATION OF LIABILITY, RELEASES

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, IF ANY. NEITHER THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, REPRESENT OR WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OTHER THAN THOSE IN THIS TERMS OF USE DOCUMENTATION, OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE DISCLAIMERS CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS PARENT COMPANY IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING.
IN NO EVENT WILL THE COMPANY, ITS PARENT COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS PARENT COMPANY, INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

EQUIPMENT

You will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Website and for any and all charges related thereto.

TRADEMARKS

africavotes.com takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks. Some of its trademarks and service marks include africavotes.com™
Nothing contained in this Website should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of Tickets.com, Inc., or their respective owners.

COPYRIGHT COMPLIANCE

To ensure compliance with the Copyright and Neighboring Rights Act of 2002, africavotes.com will take action on receipt of notice of alleged copyright infringement. If you are a copyright owner or representative of the owner and believe that a user has submitted or uploaded material that infringes upon your Uganda copyrights, you may submit a notification in accordance to the Act by providing africavotes.com with the following information in writing:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on this Website (such as the URL(s) of the claimed infringing material);

Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an Email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under the penalty of perjury, that the above information in your notification is accurate and that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and

Your physical or electronic signature.

Please send all written correspondence of alleged infringements to, [email protected]

OUR CONTENT

A portion of the content for this Website is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than our authorized spokespersons while acting in their official capacities.

BREACH

Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consents to injunctive or other equitable relief for any alleged breach.

MOBILE

We currently provide our mobile services for free, but your carrier's normal rates and fees, such as mobile access, data and text messaging fees may still apply.

CONTACT

Please report any violations of these Terms of Use by contacting africavotes.com, through [email protected].