Last updated: December 8, 2021
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE LETS DO GOOD WEBAPP (www.letsdogoodzambia.com) AND LETS DO GOOD APPLICATION. USING INCLUDES BUT NOT LIMITED TO STREAMING THE APP OR DOWNLOADING THE APP FROM ANY APPSTORE AND GOOGLE PLAY AND GOOGLE PLAY PROVIDER PARTICULARLY GOOGLE PLAY STORE AND APPLE APP STORE.
This end-user license agreement (EULA) is a legal agreement between you (End-user or you) and IDEATE INNOVATIONS LIMITED (Licensor, us, our or we) for the license of our:
IDEATE INNOVATIONS LIMITED mobile application software (App); webapp, online OR electronic documents (Documents); and the services you connect to via our platforms and the content we provide to you through them (Services).
We license the use of the App, Documents and Service to you on the basis of this EULA and subject to any terms, rules or policies applied by any Appstore and Google Play and Google Play provider or operator from whose site (Appstore and Google Play and Google Play), the End-user downloaded the App (Appstore and Google Play and Google Play Rules). The Appstore and Google Play and Google Play Rules will apply instead of the terms of this EULA where there are differences between the two.
We do not sell the App or Documents to you. We remain the owners of the App, Service and Documents at all times.
BY STREAMING THE APP FROM THIS WEBSITE OR BY DOWNLOADING THE APP FROM ANY APPSTORE AND GOOGLE PLAY AND GOOGLE PLAY PROVIDER YOU:
IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE APP, DOCUMENTS AND SERVICE TO YOU AND YOU MUST STOP THE DOWNLOADING PROCESS NOW.
We recommend printing a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App, the Documents and the Services, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. Ifany open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an e-mail with details of the change or notifying you of a change when you next start the App or log onto the website/Services. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore and Google Play. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.5 By using the App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
1.7: The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.8 Any words following the terms including, include, in particular or, for example or any similar phrase in this EULA shall be construed as illustrative and shall not limit the generality of the related general words
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a limited, non- transferable, non-exclusive licence to use:
2.2 You may:
Except as expressly set out in this EULA or as permitted by any local law, you agree:
5.1 You acknowledge and agree that the App is provided to you under licence, and is not sold to you. You do not acquire any ownership interest in the App, the Documentation or the Services under this EULA, nor any other rights other than to use the App, Documentation and the Services in accordance with the licence granted, and subject to all terms, conditions and restrictions, under this EULA.
5.2 You acknowledge and agree that all intellectual property rights in the App, the Documents and the Services anywhere in the world belong to us or our licensors, that rights in the App, Documents and Services are licensed to you, and that you have no rights in, or to, the App, the Documents or the Services other than the right to use each of them in accordance with the terms of this EULA.
5.3 You acknowledge that you have no right to have access to the App in source-code form
6.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
6.2 We supply the App, the Services and Documents for domestic, private and business use. You agree not to use the App, the Services and Documents for resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6.3 In no event will we be liable for any direct, indirect, special, or consequential losses or damages of whatsoever kind arising out of access to, or the use of the App, Documents and/or Services or related web sites or any information contained in them, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such losses or damages.
6.4 You agree to indemnify, defend and hold harmless IDEATE INNOVATIONS LIMITED and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of any kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this EULA. Furthermore, you agree that IDEATE INNOVATIONS LIMITED assumes no responsibility for the content you submit or make available through this App.
6.5 SUBJECT TO CLAUSE 6.7 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, THE DOCUMENTS, AND/OR THE CONTENT AND SERVICES FOR:
6.6 THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH LOSSES OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.7 Some jurisdictions do not allow certain limitations of liability, so some or all of the above limitations of liability may not apply to you. For example, nothing in this EULA shall limit or exclude our liability to users in the UK for:
7.1 We may terminate this EULA immediately by written notice to you:
7.2 On termination for any reason:
8.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us at Plot 3042, Zambezi Road, Foxdale, Lusaka or by email to: [email protected]
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
9.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
10.2 We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA
10.3 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
10.4 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and it will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.5 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
10.6 Geographic Restrictions. The Content and Services are based in the United Kingdom and provided for access and use by anyone subject to local laws and restrictions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United Kingdom and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United Kingdom, you are responsible for compliance with local laws.
10.7 Please note that this EULA, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
10.8 If any dispute arises in connection with this agreement, the parties will attempt to settle it by correspondence and for business users by mediation in accordance with the Data Protection, Cyber Security and Cyber Crimes Act 2021 and Electronic Communications and Transactions Act, 2021. Unless otherwise agreed between the parties within 14 days of notice of the dispute, the mediator will be nominated by both parties.
10.9 The mediation will take place in Lusaka, Zambia and the language of the mediation will be English. The Mediation Agreement referred to in the Model Procedure shall be governed by, and construed and take effect in accordance with, the substantive law of the Republic of Zambia. If the dispute is not settled by mediation within 14 days of commencement of the mediation or within such further period as the parties may agree in writing, the dispute shall be referred to the courts of Republic of Zambia.
10.11 This EULA has been entered into on the date of download of the App.
10.12 Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this EULA and any other terms, the terms of this EULA shall take precedence.
10.13 Disclaimer of Warranties. THE APP AND WEBAPP, THE DOCUMENTS AND THE SERVICES ARE PROVIDED TO THE END-USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APP, THE DOCUMENTS AND THE SERVICES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP, THE DOCUMENTS AND THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10.14 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.