CONDITIONS of USE
Welcome to Emtricity Digital (U).com. Emtricity Digital (U).com Services and/or its affiliates ("Umoja Digital") provide website features and other products and services to you when you visit, publish or shop at Emtricity Digital (U), use Emtricity Digital (U) products or services, use Emtricity Digital (U) applications for mobile, or use software provided by Emtricity Digital (U) in connection with any of the foregoing (collectively, "Emtricity Digital (U) Services"). Emtricity Digital (U) provides the Emtricity Digital (U) Services subject to the following conditions.
By using Emtricity Digital (U) Services, you agree to these conditions. Please read them carefully.
Emtricity Digital (U) offers a wide range of services, and sometimes additional terms may apply. When you use an Emtricity Digital (U) Service (for example, Umoja Digital Group, hairnati.com, yumbani.com, doSeeAfrica.com, Kamagezi.com, TheAfricanArchives.com, Your Profile, Gift Services, Emtricity Digital (U) Video, Your Media Library, Emtricity Digital (U) devices, or Emtricity Digital (U) applications) you also will be subject to the guidelines, terms and agreements applicable to that Emtricity Digital (U) Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of Emtricity Digital (U) Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you use Emtricity Digital (U) Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Emtricity Digital (U) Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any Emtricity Digital (U) Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Emtricity Digital (U) or its content suppliers and international copyright laws. The compilation of all content included in or made available through any Emtricity Digital (U) Service is the exclusive property of Emtricity Digital (U) and protected by international copyright laws.
TRADEMARKS
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Emtricity Digital (U) Service are trademarks or trade dress of Emtricity Digital (U) in Africa and other countries. Emtricity Digital (U)'s trademarks and trade dress may not be used in connection with any product or service that is not Emtricity Digital (U)'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Emtricity Digital (U). All other trademarks not owned by Emtricity Digital (U) that appear in any Emtricity Digital (U) Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Emtricity Digital (U).
PATENTS
One or more patents owned by Emtricity Digital (U) apply to the Emtricity Digital (U) Services and to the features and services accessible via the Emtricity Digital (U) Services. Portions of the Emtricity Digital (U) Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Emtricity Digital (U) or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Emtricity Digital (U) Services. This license does not include any resale or commercial use of any Emtricity Digital (U) Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Emtricity Digital (U) Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Emtricity Digital (U) or its licensors, suppliers, publishers, rightsholders, or other content providers. No Emtricity Digital (U) Service, nor any part of any Emtricity Digital (U) Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Emtricity Digital (U). You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Emtricity Digital (U) without express written consent. You may not use any meta tags or any other "hidden text" utilizing Emtricity Digital (U)'s name or trademarks without the express written consent of Emtricity Digital (U). You may not misuse the Emtricity Digital (U) Services. You may use the Emtricity Digital (U) Services only as permitted by law. The licenses granted by Emtricity Digital (U) terminate if you do not comply with these Conditions of Use or any Service Terms.
YOUR ACCOUNT
You may need your own Emtricity Digital (U) account to use certain Emtricity Digital (U) Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Emtricity Digital (U) does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Emtricity Digital (U) Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Emtricity Digital (U) Household. Emtricity Digital (U) reserves the right to refuse service, terminate accounts, terminate your rights to use Emtricity Digital (U) Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Emtricity Digital (U) reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Emtricity Digital (U) a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Emtricity Digital (U) and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Emtricity Digital (U) for all claims resulting from content you supply. Emtricity Digital (U) has the right but not the obligation to monitor and edit or remove any activity or content. Emtricity Digital (U) takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Emtricity Digital (U) respects the intellectual property of others. If you believe that your intellectual property rights are being infringed.
RISK OF LOSS
All purchases of physical items from Emtricity Digital (U) are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Emtricity Digital (U) does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Emtricity Digital (U) does not take title to the refunded item. For more information about our returns and refunds.
PRODUCT DESCRIPTIONS
Emtricity Digital (U) attempts to be as accurate as possible. However, Emtricity Digital (U) does not warrant that product descriptions or other content of any Emtricity Digital (U) Service is accurate, complete, reliable, current, or error-free. If a product offered by Emtricity Digital (U) itself is not as described, your sole remedy is to return it in unused condition.
PRICING
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Emtricity Digital (U) and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Emtricity Digital (U).
With respect to items sold by Emtricity Digital (U), we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Emtricity Digital (U) is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your mobile money account or credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
APP PERMISSIONS
When you use apps created by Emtricity Digital (U), such as the Emtricity Digital (U) App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
OTHER BUSINESSES
Parties other than Emtricity Digital (U) operate stores, provide services or software, or sell products through the Emtricity Digital (U) Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Emtricity Digital (U). We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Emtricity Digital (U) does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE EMTRICITY DIGITAL (U) SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EMTRICITY DIGITAL (U) SERVICES ARE PROVIDED BY EMTRICITY DIGITAL (U) ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. EMTRICITY DIGITAL (U) MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE EMTRICITY DIGITAL (U) SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EMTRICITY DIGITAL (U) SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EMTRICITY DIGITAL (U) SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, EMTRICITY DIGITAL (U) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMTRICITY DIGITAL (U) DOES NOT WARRANT THAT THE EMTRICITY DIGITAL (U) SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EMTRICITY DIGITAL (U) SERVICES, EMTRICITY DIGITAL (U)'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM EMTRICITY DIGITAL (U) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, EMTRICITY DIGITAL (U) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY EMTRICITY DIGITAL (U) SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY EMTRICITY DIGITAL (U) SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any Emtricity Digital (U) Service, or to any products or services sold or distributed by Emtricity Digital (U) or through Emtricity Digital (U).com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at 26 Wavamuno Road, Kampala, Uganda. Emtricity Digital (U) will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Emtricity Digital (U) Service, you agree that the applicable laws, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Emtricity Digital (U).
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Emtricity Digital (U) Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
Emtricity Digital (U)
P.O. Box
26 Wavamuno Road
Kampala, Uganda
https://emtricity.com/contact-us
ADDITIONAL EMTRICITY DIGITAL (U) SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Emtricity Digital (U) Services (the "Emtricity Digital (U) Software").
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
Courier address:
Copyright Agent
Emtricity Digital (U)
Legal Department
26 Wavamuno Road
Kampala, Uganda
Written claims concerning copyright infringement must include the following information:
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