Terms and Conditions - Vuuka Group

INTRODUCTION

The Vuuka Application (“Vuuka App”) is owned by Vuuka Holdings Limited (“Vuuka”), a company based in the Republic of Mauritius (“Zambia”) that operates, hosts and maintains the application. As such, Mauritian legislation and regulatory criteria will be primary in the governance of the operation and use of the Vuuka App, irrespective of the party’s identity, nationality or location when using the application.

The Terms and Conditions of Use (“Vuuka App Terms”) formulate and regulate the engagement and interaction between you, as a current or prospective user (“User”) of the services offered by Vuuka, which entity is not a financial services provider. The Vuuka App Terms governs your use of the Vuuka App, which is an interactive service facilitation platform, functioning as a mobile application enabling for the use of the services that Vuuka offers directly or through approved third party service providers.

The Vuuka App creates a functionality for a business entity who has registered with and has been accepted by Vuuka as a “Client”, which enables its authorised employees or contractors who have successfully registered on the Vuuka App as individual users, to use the Service offered by Vuuka for the creation of orders with Vuuka or designated third party Services Providers or other identified entities, for the delivery of identified Products and Services within the Territory.

The content available on the Vuuka App is either proprietary to Vuuka or constitutes personal information pertaining to its Clients, application users or service providers. The unauthorised use, copying, distribution, display or download of any information related to the Vuuka App is prohibited.

If you are making use of the Service offered by Vuuka App on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. By using the Vuuka App you agree to be bound by the Vuuka App Terms, as well as any Vuuka policies and notices referenced within or associated therewith.

You should review all Vuuka App Terms carefully, including those provisions that limit the liability of Vuuka that may be amended at any time by means of notice, which is deemed to be reasonable under the circumstances of. Such notice will be provided by means of communicating it to you through the Vuuka App, with each notice being identified as a “Revised Version”. Your continued use of the Vuuka App and the services offered, following the communication notice of a Revised Version, will constitute your acceptance of such Revised Version, as well as confirm your agreement to receive electronic notices from Vuuka.

To voluntary register and use the Vuuka App, you are required to submit certain personal information about yourself, your business or entity that you are associated with, including but not limited to your name and surname, e-mail address, text-enabled mobile phone number, as well as other identification detail. By supplying such information, you warrant the accuracy thereof and also confirm that you are authorised to use the e-mail or mobile phone number provided, as well as agree to keep your supplied information current.

The information that you supply to Vuuka to register, including information pertaining to your active use of the services offered by Vuuka via the Vuuka App, will be collected and processed, to be used by Vuuka for the purpose of managing the Service delivery to you. The collected information might be shared with third parties, but only insofar as it relates to the purpose of the service delivery, verification of supplied information or government compliance obligations.

By accessing or using, and in particular indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for at https://Vuuka.com/privacy-policy/, Users bind themselves to the terms and conditions set out in this document.

DESCRIPTIVE MEANING

Active Processing

Shall mean instances of processing where Vuuka has directly been provided with the Personal Information of a Data Subject, such as when a User submits an enquiry in respect of the Service, or when a User provides Personal Information to Vuuka pursuant to making use of the Vuuka App and/or the Service.

Administrative Users

A Client’s Administrative Users shall mean the designated individuals of the Client, who as Client’s main users of the Vuuka App, issued with administrator’s rights, will be responsible for administering the Client’s profile and account on the Vuuka App and shall be responsible to ensure that all information, including Personal Data on the Vuuka App in respect of the Client and its designated Users, is accurate, complete and current. Administrative Users will be required to separately register as individual users of the Vuuka App. The Client’s Administrative Users shall be entitled to authorise Users for and on behalf of the Client on the Vuuka App and shall be entitled to terminate the access and use of any User that was previously onboarded in such capacity as a User of the Vuuka Application.

Administrators will be responsible for the ongoing active management of the Client’s Account, which will include aspects pertaining to the creation of and updates to vehicle fleets and drivers, as well as specific order creation and updates thereto, for identified services that are to be rendered, qualified in nature and extent, location of delivery and the value thereof. The Client through its designated Administrative Users take full responsibility for the management and reconciliation of the business’ account portfolio and services use via the Vuuka App. The Client’s Administrative Users shall at all times ensure that only authorised personnel of the Client have access to the Vuuka App as Users.

Agent

Shall mean any Person who or juristic entity that has been authorised by Vuuka to fulfil a specific function that directly relates to the service delivery on behalf of Vuuka.

Client

Shall mean any business entity making use of the Vuuka App and the services offered, as well as its Administrative Users and other Users are afforded access to, and use of, the Vuuka Application and its associated Services.

Client Account

Shall mean the account(s) opened for the Client with Vuuka and into which all payments on behalf of the Client will be credited and from which all fees, costs, expenses, payments and applicable taxes will be debited in accordance with the transactions concluded by the Client on the Vuuka Application.

Cookies

Means small text files that store Non-personally Identifiable Data about Data Subjects, either temporarily in connection with a Data Subject’s Internet Protocol (IP) address (known as a temporary or session cookie, and deleted once a Data Subject closes their browser window) or more permanently on the storage drive of a Data Subject’s device (known as a permanent or persistent cookie). The Vuuka App may from time to time use session cookies so that Data Subject’s do not have to fill in the same information from page to page within the Vuuka App.

Data Subject

Data subject refers to any individual person who can be directly or indirectly identified, especially by reference to an identifier such as a name, an identification number, location data, an online identifier or one of several special characteristics, which expresses the physical, physiological, genetic, mental, commercial, cultural or social identity of these natural persons.

Intellectual Property

Shall mean all intellectual property subsisting in, pertaining to or used on, through or by means of the Vuuka App, including, without limitation, documents, designs, trade marks, service marks, data, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any documents, logos, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.

Non-personally Identifiable Data

Means any data/information that cannot be linked to a Data Subject, such as an internet domain name, the type of web browser used by a Data Subject, the type of operating system relied on by a Data Subject, the date and time of a Data Subject’s visit to our Website or the Vuuka App, the specific pages a Data Subject may have visited, and the address of the website which a Data Subject may have visited prior to entering or gaining access to Vuuka’s service application platforms.

Parties

Shall mean Vuuka, Client and the Users, and “Party” shall, as the context requires, be a reference to any one of them.

Person

Shall mean, where the context so requires, an individual, firm, company, corporation, juristic person, local authority, and any trust, foundation, organisation, association or partnership, with or without a separate juristic personality.

Passive Processing

Means instances where Vuuka has not actively been provided with the Personal Information of a Data Subject, such as when Vuuka deploys inactive means to collect information from a User and/or Data Subject. These Passive Processing means allow Vuuka to Process certain kinds of Non-personally Identifiable Information which can perhaps not be linked to a Data Subject.

Personal Data

Personal data is regarded as any information relating to a Vuuka App User/Data Subject. A Data Subject shall also include Clients, Service Providers and Administrative Users. Personal data would enable the identified or identifiable of a natural person who is, in particular by reference to an identifier such as a name, identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual. Special categories of data include personal data pertaining to any of the following about a Data Subject such as, but not limited to racial or ethnic origin, political opinion or adherence, religious or philosophical beliefs, membership of a trade union, physical or mental health or condition, sexual orientation, practices or preferences, genetic or biometric data that is uniquely identifying.

Privacy Policy

Means Vuuka’s privacy policy sourced at ttps://Vuuka.com/privacy-policy/, which is supplementary and complimentary to these Vuuka Terms and which provisions are read into these terms and conditions, as if specifically incorporated herein.

Processing

Shall mean any automated or manual activity of collecting, recording, organizing, storing, updating, distributing and removing or deleting Personal Information.

Products and Services

Shall mean the products and/or services that are offered by Vuuka or its designated service providers to Clients and its designated Users, which can be procured through the Service that is offered by using the Vuuka App. All third party products and services available for procurement through the Vuuka App are provided solely according to the warranty and other terms specified by such third party, who is solely responsible for service and support for its product. Vuuka makes no representations or warranties, express or implied, with respect to such third party products and services, and expressly disclaims any warranty, condition or fitness for any particular purpose.

Service

Shall mean the procurement services offered by Vuuka to Clients, by means of using the Vuuka App.

Service Centre

Shall mean the call and service centres of Vuuka situated in Mauritius and other countries of operation within the Territory, which can be contacted via the avenues detailed on the Vuuka App.

Service Providers

Shall mean any Person that has been contracted by Vuuka to render specific products or services to Clients of Vuuka.

Territory

Shall mean any country where Vuuka conducts business or has operations or are actively pursuing business development opportunities, directly or through its Agents.

CONTRACTUAL CAPACITY TO ACT

The User warrants that to be at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of the Client (a juristic person), the User warrants that the necessary authority and capacity do exist for the User to enter and bind the Client to these Vuuka Terms. The User furthermore agrees to be bound by the terms and conditions of the Services Agreement concluded between Vuuka and the Client on whose behalf they access and make use of the Vuuka App.

UPDATING OF THESE TERMS AND CONDITIONS

Vuuka reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Vuuka Terms will become effective upon such changes being posted to this Vuuka Application. It is the obligation of the Client and Users to periodically check these Terms and Conditions on the Vuuka Application for changes or updates. The continued use of this Vuuka Application by the Client and the Client’s Users, following the posting of changes or updates, will be considered notice of the Client and User’s acceptance to abide by and be bound by such terms and conditions, including such changes or updates.

ELECTRONIC COMMUNICATIONS

By using the Vuuka App or communicating with Vuuka by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.

USER OBLIGATIONS

A User of the Vuuka App is obliged to keep the unique details allowing the User access to the Vuuka App (including, username and password) confidential and is not allowed to share such details with other people or allow for the use thereof by any other person. Users accepts full responsibility for all activities that occur under their unique access details or passwords and accept responsibility for sharing his/her username and password. The User is only permitted to use one account in respect of the Vuuka App. If the User uses more than one account, Vuuka reserves the right to revoke all access to the Vuuka App.

Once a User has logged onto the Vuuka App, certain information, functionalities and other features of the Vuuka App will be accessible to the User the next time the User visits the Vuuka Application, without having to re-enter their password. If the User prefers to enter their password every time they access the Vuuka Application, such change can be made via the settings and functionality available on the Vuuka App itself.

The User expressly acknowledges and agrees that the following actions shall be material breaches of these Terms and Conditions:

signing in as, or pretending to be, another person;
transmitting material that violates, or could violate, the Intellectual Property rights of others or the privacy of others;
using the Services in a way that is intended to harm, or could result in harm, to Partners, the User, or to other users of the Vuuka App; or
gathering information and specifically Personal Information about others without obtaining their prior written consent.

A Client undertakes to be responsible for controlling access to and use of the Vuuka App by designated Users of the Client and expressly agrees and acknowledges that Vuuka shall not be liable for any unauthorised use of the Vuuka App by such Users. The Client is obliged to ensure that the Administrative Users appointed by the Client from time to time, control the access of all the Client’s Users and shall ensure the security of such Users’ access at all times.

In supplementation of the above, the User also expressly agrees that any of the unique User access details shall be regarded by Vuuka as if the User was the person using such information in all instances.

The User is not allowed to make username and password changes at any time, unless they make use of the support service process of Vuuka, provided through the Service Centre, and Vuuka may from time to time determine certain requirements that the User will need to meet when choosing a username or password. These requirements may be changed from time to time and the User may be required to update his/her credentials following such changes.

VUUKA OBLIGATIONS

The Vuuka App offers a Service to Clients and its designated Users to procure Product and/or Services. Vuuka is obligated to maintain the Service functionality, allowing for the required procurements to take place and to allow the Administrative Users of a Client the ability to manage a Client’s account, as per the Client’s direction.

SECURITY SAFEGUARDS

Vuuka shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of the Personal Data in its possession, in order to guard against:

▪ loss of, damage to or unauthorised destruction of Personal Data; and

▪ unlawful access to or processing of Personal Data.

Vuuka shall not, however, be held responsible, and any User of a Client, acting as duly authorised representative of a Client, agrees to indemnify and hold harmless Vuuka for any information security breaches occurring on any electronic device that was used to access the Vuuka App or Service of any Users, which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the Users may not have installed on the device used.

PERSONAL INFORMATION OF CLIENTS AND USERS

The Clients and Users shall make available and consent by virtue of the using the Vuuka App, to the processing of, amongst others, the following types of personal information by Vuuka:

e-mail addresses;
names and surnames;
name of company/organisation;
registration numbers;
financial information;
identity numbers/passport numbers;
physical addresses;
IP addresses;
telephone numbers; and
opinions and preferences.

In as far as any User or Administrative User, on behalf of the Client, provides Vuuka with the Personal Data of a third party, they warrant that they are duly authorised to do so and have established a lawful justification in terms of prevailing Data Protection Legislation, to share such Personal Information with Vuuka, as well as to enable Vuuka to share such Personal Information with its Agents and Service Providers. The User agrees that Vuuka may process the Personal Data for all purposes that relate to the use of the Vuuka App and the Service offered.

The Personal Data processed by Vuuka may include, but is not limited to the following purposes:

verifying the identity of the Users and Clients on whose behalf they access the Vuuka Application;
To render the Service;
To provide technical support and assistance to the Client and the Client’s Users;
transmitting and receiving necessary correspondence to the Users in relation to the Services;
generally making the Service available;
transmitting marketing material to the Users in respect of the Service made available by Vuuka or any third party;
to monitor and analyse User conduct in respect of the use of the Vuuka App and/or the Service;
for compliance and risk purposes;
to analyse the Personal Data collected for research and statistical purposes and once such Personal Data is analysed to send the User marketing and promotional material which Vuuka believe may, based on Vuuka processing of the Users’ Personal Data, be relevant to the Client and enhance the use of the Services provided on, through, or by means of the Vuuka Application;
to conduct market research, as well as academic research in respect of the Personal Data in order to identify potential markets and trends, to develop new functionality associated with the Services;
to aggregate and/or de-identify any Personal Data after analysing it for statistical purposes and/or conducting market and academic research in respect thereof, as aforesaid, and transferring or on-selling such de-identified Personal Data to third parties for commercial or non-commercial means.

The Personal Data shall be retained in the strictest confidence by Vuuka and will only be processed in accordance with the Vuuka Terms and Vuuka’s Privacy Policy.

The User expressly agrees and acknowledges that any failure to submit the requisite Personal Data may render Vuuka unable to render the Service and should this arise, the User, acting as the duly authorised representative of the Client, hereby indemnifies and holds Vuuka harmless against any loss or damage which the Client may suffer as a result of Vuuka’s inability to render the Service.

The User acknowledges that through the use of the Vuuka App or the Service, which may include completing online forms or contacting Vuuka electronically, Vuuka will in effect be processing the Personal Data relating to the Client and relevant Users.

The User acknowledges and understands that (where applicable) when the User includes the Personal Data on the Vuuka App, Vuuka will process such Personal Data in line with not only the Vuuka Terms, but the provisions of the Privacy Policy.

Vuuka may from time to time make use of Passive Processing means to collect and process Non-personally Identifiable Data from the Users and the Client.

Vuuka may from time to time use Cookies to manage usage of the Vuuka App and the User’s refusal to use such Cookies will have a negative impact on the use and performance of the Vuuka App and the Service.

PROCESSING OF PERSONAL DATA BY THE PARTIES

By accessing and making use of the Vuuka App in the capacity as a User, such User acknowledges and agrees that access may be gained to the Personal Data of other categories of Data Subjects, which may include, but is not limited to the following:

e-mail addresses;
names and surnames;
name of company/organisation;
registration numbers;
financial information;
identity numbers/passport numbers;
physical addresses;
telephone numbers.

In respect of a situation contemplated above, such User acknowledges and agrees to only process the Personal Data of Data Subjects for the following purposes:

to onboard other Users to the Vuuka App, in the case where the User is an Administrative User; and
transmitting and receiving necessary correspondence to the Data Subjects in order to enable the Data Subjects to execute Trips and fulfil Orders.

The User acknowledges that pursuant to their use of the Vuuka App and their engagements with the Vuuka, they may have access to, and be required to process, Personal Data relating to one another’s Data Subjects. Accordingly, the Parties warrant and undertake to and in favour of one another that they shall –

treat any Personal Data as strictly confidential;
only process Personal Data in accordance with applicable legislation or regulation, prevailing data protection legislation, these Vuuka Terms;
not disclose or otherwise make available the Personal Data to any third party (including sub-contractors or staff) other than authorised sub-contractors or staff who require access to such Personal Data strictly in order to make use of the Service;
ensure that all Agents, employees, representatives, and any other persons having access to the Personal Data are bound by appropriate and legally binding confidentiality and non-disclosure obligations in relation to the Personal Data on substantially the same terms and conditions as set forth herein;
take appropriate, reasonable technical and organisational measures to ensure that the integrity of the Personal Data in their possession or under their control is secure and that such Personal Data is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access by having regard to:

▪ any requirement set forth in applicable legislation or regulation, prevailing data protection legislation;

▪ generally accepted Data security practices and procedures which apply to the Parties businesses operations;

▪ appropriate, reasonable, technical and organisational measures being in place to ensure that the Personal Data in their possession or under their control remains available to one another as and when it may be required;

▪ identifying all reasonably foreseeable internal and external risks and taking all necessary steps to –

– identify all reasonably foreseeable internal and external risks to Personal Data in their possession or under their control;

– regularly verify that the safeguards which they have in place have been effectively implemented;

– ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards; and

– agreeing to reasonable amendments to this clause from time to time, to the extent that applicable legislation or regulation, prevailing data protection legislation generally requires such amendments for the benefit of Data Subjects;

not sell, alienate or otherwise part with the Personal Data of Data Subjects any of the records housing the Personal Data, nor shall it use the Personal Data for any direct marketing, advertising, research or statistical purposes, unless expressly authorised to do so in terms of any other agreement between them, as well as these Terms and Conditions.
The Parties shall –

▪ notify one another in writing immediately of becoming aware of or having reasonable grounds to believe that any Personal Data has been accessed or acquired by an unauthorised person and take all appropriate steps to limit the compromise of Personal Data and to restore the integrity of the affected Data systems as quickly as possible;

▪ as soon as reasonably possible thereafter, the Parties shall be required to engage with one another to discuss the security breach, to report all relevant facts relating to the compromise and to identify the steps to be taken to mitigate the extent of the compromise and loss occasioned by the compromise;

▪ provide one another with details of the Personal Data affected by the compromise, including but not limited to, the identity of Data Subjects, the nature and extent of the compromise, and, where possible, details of the identity of the unauthorized person/s who are known to or who may reasonably be suspected of, having accessed or acquired the Personal Data;

▪ immediately upon notifying one another as set forth in this clause, each Party shall –

– at its own cost, take all necessary steps to mitigate the continuation of the compromise, the repetition of a similar compromise, and mitigate the extent of the loss occasioned by the compromise of Personal Data;

– implement all measures reasonably necessary to restore the integrity of their Data system(s); and

– provide one another with a report on their progress in resolving the compromise at reasonable intervals following the initial notification, until such time as the compromise is resolved to the Parties satisfaction.

Vuuka reserves the right to disclose any Personal Data contemplated herein, as required in order to comply with its legal obligations, including but not limited to complying with court orders, warrants, subpoenas, service of process requirements, or discovery requests.

Vuuka may also disclose Data about the Client and or any Users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to comply with the Applicable Laws of any of the jurisdictions within the Territory.

LIMITATION OF LIABILITY

Vuuka does not guarantee that (i) the Vuuka App; (ii) the information, content, tools or materials included on the Vuuka App; (iii) Vuuka’s servers; or (iv) that any electronic communications sent by Vuuka will be free from viruses or other harmful components.

Vuuka shall not be liable under any circumstances and in any jurisdiction for any direct, indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable and irrespective of whether or not Vuuka has been advised of the possibility of such damages, based on claims arising out of or in any way connected with Vuuka, the Services or the Vuuka App.

Although Vuuka are committed to providing Users with the best possible Services, Vuuka shall not be responsible for:

any of the events described in this clause;

any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;

any links to other websites, mobile Apps or digital interfaces from the Vuuka App. The Client and User also acknowledges that Vuuka cannot control the content of or the quality or the products or services offered by third-party Service Providers;

a denial of access to the Vuuka App or the Services, should Vuuka believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Vuuka App or put Vuuka in disrepute;

the User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Vuuka App;

any instance where the delay in delivery of the Services and/or Products are attributed to poor network connectivity on the part of the User; and

any instances where the delivery of the Services is delayed as a result of any act and/or omission on the part of the User, such as for instance embedding the incorrect details in the requisite fields on the Vuuka App.

In the unlikely event that it is found that Vuuka is liable for any damages or losses as a result of the proven conduct of any of its employees or Agents being the cause of damages or losses, then Vuuka, its other service providers, Agents, employees, contractors and assigns shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the sum of USD100.00 (One Hundred United States Dollars) per Product and Services procured (exclusive of the refunding of any amounts or any applicable transaction fee), for any damages or losses, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vuuka has been advised of the possibility of such damages) resulting from any aspect of the use of the Vuuka App or the Service.

GOVERNING LAW

The Vuuka App is controlled, operated and administered by Vuuka within Mauritius. Access to the Vuuka App from territories or countries where the use of the Service provided through the Vuuka App is illegal, is prohibited and by accessing the Vuuka App, the User, acting on behalf of the Client, agrees that the Mauritian legislation will govern the Vuuka Terms, as well as any dispute which may arise from these terms and conditions.

INDEMNITY AND CONDITIONS

Although Vuuka will do everything reasonably within its power to ensure that the Vuuka App will be operational, the Client accepts that Vuuka may not be in control of all the circumstances surrounding the Service, or the provision of Products and Services.

Vuuka shall not be held liable for any direct or indirect damages or losses suffered as a result of any incorrect, inaccurate or late provision of the Service in the event that the Vuuka App may be temporarily unavailable or dysfunctional.

Vuuka shall not be liable for any direct or indirect damages or losses suffered by the Client, Users or any third party, as a result of any negligence on the part of Vuuka, any of its Agents, Service Providers or representatives in the rendering of Services and Products through the Vuuka App.

Vuuka shall not be liable for any direct or indirect damages or losses suffered by the Client, Users or any third party as a result of its failure to perform due to any act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, any act of default of any supplier, Agent, sub-contractor or Service Provider, industrial disputes, political or labour unrest, technical problems affecting the Vuuka App.

The Client indemnifies Vuuka and its Agents and Service Providers, as well as their officers, directors, employees, assigns, representatives and shareholders against any and all claims, damages, losses, obligations, costs (including, without limitation, attorneys’ fees on the highest permissible scale), penalties and/or any other expense that may result from or otherwise be related to any access to or use of the Vuuka App or the Service, as well as any legal action, administrative action or sanction imposed or instituted by any third party or authority as a result of the fact that the Client contravened or in any other manner violated any applicable legislation, regulation or the provisions of the Vuuka Terms. This defence and indemnification obligation shall survive the termination, modification or expiration of the agreement arising from the acceptance of these Vuuka Terms.

USE OF THE VUUKA APPLICATION AND THE SERVICES

The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Vuuka App contents, without Vuuka’s prior written consent.

The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Vuuka App without the prior written consent of Vuuka.

Vuuka reserves the right to make any changes or modification, as well as discontinue any aspect of the Vuuka App, its content or the Services offered by or through the Vuuka App at any time and without prior notice to the User. No such change, suspension, modification or discontinuance shall entitle the User to any refund or compensation or give rise to any liability whatsoever.

The User agrees that it will only use the Vuuka App in accordance with the Vuuka Terms, including any terms and conditions incorporated herein by reference.

The display of content via the Vuuka App may differ depending on the Device the User is using to use the Vuuka App or access the Service.

Any and all content published on the Vuuka App by a User, will be regarded as reflecting the view of the author and does not necessarily constitute the official opinion of Vuuka, unless stated otherwise.

A User is prohibited from posting content on the Vuuka App that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language.

If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Vuuka App’s security systems, such User must keep this information secret and confidential and not allow anyone else to use it. The User shall be responsible for all access to the Vuuka App with the User’s user username and password. When the User’s username and password has been used in order to gain access to the Vuuka App, Vuuka shall be entitled to assume that such use and all related communications emanate from the User. Vuuka shall not be liable for any loss or damage arising from unauthorised use of the User’s Personal Data.

The User shall be obliged to immediately, after becoming aware of any other Person’s unauthorised access to the User’s account, Client Account or Client profile, log out of the Vuuka App to prevent anyone else from using the Vuuka App or gaining unauthorised access to the User’s account or profile. The User without delay notify the Client it is associated with and the Service Centre of the occurrence.

In the event that the User becomes aware of a breach of the confidentiality of the User’s Personal Data or the interference with the lawful processing of said User’s Personal Data, the User must immediately communicate this to the Client it is associated with, as well as the Service Centre. The compromised User’s account, profile, access and use of the Vuuka App will be deactivated as soon as reasonably possible. Vuuka may at its sole and absolute discretion and for any reason, require the User to change the User’s user identity and password at any time.

Vuuka is not liable for any data charges incurred by any User that might be levied by any data service provider during the course of a User’s access to the Vuuka App.

Vuuka reserves the right to occasionally restrict User access and/or use of the Vuuka App and/or Service to carry out repairs, maintenance or to introduce new functionality and/or Services. Vuuka does, however, endeavor to keep any disruption in the use of the Vuuka App to a minimum.

The User agrees not to:

use the Vuuka App and the Service to process Personal Data of unauthorized third parties. However, should this be the case, for instance when a User refers third parties to Vuuka, such User warrants that the required consent has been procured from such third party to do so;

violate the privacy of any person in order to, or attempt to, gain unauthorised access to Vuuka and/or the Service through the Vuuka App, including, but without limitation through hacking, password mining or any other means;

use the Vuuka App and the Service to engage in any illegal or unlawful activity;

employ automated electronic or mechanical processes designed to negatively affect the performance of the Vuuka App, and Vuuka’s provision of the Vuuka App and the Service;

utilise the Vuuka App in a manner which disrupts the normal operations of Vuuka;

attempt to gain unauthorised access to Vuuka’s programming, coding or infrastructure; or

circumvent, disable or otherwise interfere with security related features of Vuuka or features that prevent or restrict the use or enforce limitations on the use of the Vuuka App.

Should the User engage in any of the aforementioned activities, or breach any of the provisions of the Vuuka Terms, Vuuka shall be entitled, without prejudice to any other rights they may have and without prior notice to the User:

suspend User access to and use of the Vuuka App and the Service;

restrict or limit the use of the Vuuka App in the event that any User’s conduct imposes unreasonable stress, disproportionately large workloads, interferes with the performance or impairs the functionality, of Vuuka’s operations; or

terminate the agreement set forth in Vuuka Terms and recover all costs incurred by Vuuka, including, but without limitation, legal costs on an attorney and own client basis.

INTELLECTUAL PROPERTY

The technology and software underlying the Vuuka App and the Service, or distributed in connection therewith, are the property of Vuuka. Vuuka owns all rights, title, license and interest to any and all registered and unregistered intangible property, including marketing material, designs, know-how, trade marks, trade names, brand names, signs, symbols, logos, trade secrets, copyright and patents and any derivatives thereof and all future additions and improvements thereto, in respect of or pertaining to the Vuuka App and its use and implementation.

The Intellectual Property is protected by applicable copyright, trade mark and intellectual property legislation. Neither the Client or any User shall obtain any rights, title or interest in or to any Intellectual Property, whether by operation of the Services Agreement, these Terms and Conditions, or otherwise. Vuuka does not permit copyright infringing activities or any form of infringement of Intellectual Property rights of Vuuka.

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