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 Our Application.  You must read, agree, and accept these Terms of Use set out in this agreement which includes the terms and conditions set out below. You will be required to carefully read, understand, and accept these Terms of Use when signing up for an Account.

By using any of the DMIS services, you become a User of the DMIS platform and you agree to be bound by the Terms and Conditions of this agreement with respect to the provision of such services. We may amend this agreement without notice at any time by posting the amended terms on the DMIS application. You may not have access to the DMIS application before accepting these terms. These Terms of Use do not apply to the sale of services.

1. Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings: -

“DMIS” means all versions of the Disability Management Information System

“Account” means an account required for a User to access and/or use certain areas of Our Application, as detailed in Clause 4;

“Content” 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;

“DMIS App” means all versions of the DMIS application

“User” means a user of the DMIS 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 DMIS application.

 “Developer” means all the entity contracted to design and maintain this application.

 

2. Information About Us

More information about DMIS is available on our website - www.dmis.mglsd.go.ug 

3. Access to Our Application

1. Downloading and accessing our Application is free of charge.

2. It is your responsibility to make any and all arrangements necessary in order to access Our Application.

3. 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.

4. We reserve the right to discontinue, stop, or preclude you from accessing Our Application at any time and for any period. We will not be liable to you in any way if such access is made unavailable to you at any time.

5. Only Users authorised to access will be permitted to use the system by the System Administrator.

4. Terms of Use

· Our Application allows Users to capture information of Persons With Disability for the purpose of tracking support to them offered by government.

· We shall not be liable to any damage. direct, incidental and consequential, arising out of the use of DMIS such as physical damages, bodily injuries, death, and emotional distress and discomfort.

5. Accounts

· Certain parts of Our Application (including the ability to purchase services from Us) may require an Account in order to access them.

· A User may not create an account if they are under Eighteen (18) years of age.  If a User is under Eighteen (18) years of age and wishes to use the parts of Our Application that require an Account, a parent or guardian should create the Account for him or her in their names and the User must only use the Account with their supervision.

· When creating an Account, the information a User provides must be true, accurate, and complete. We shall rely on any information provided by a User as the true account of such information.  If any of the information changes at a later date, it is the User's responsibility to ensure that the Account is kept up-to-date. The User can update their information by using Our Application.

· If a User believes their Account is being used without their permission, please Contact Us immediately on the DMIS Customer Care Line.  We will not be liable for any unauthorized use of any Account.

· A User must not use anyone else’s Account without the express permission of the User to whom the Account belongs.

· Any personal information provided in a User's Account will be collected, used, and held in accordance with the rights and obligations under the law, as set out in our Privacy Policy.

· By using the DMIS App, You (the User) give your consent to DMIS to collect, use and process your personal data for audit trail purposes.

· By accepting these Terms of Use, you (the User) voluntarily acknowledge and consent to the collection, use, processing, and transfer of personal data as described in Clause 5.7 of these Terms of Use. You (the User) are not obliged to consent to such collection, use, processing, and transfer of personal data

· When an account is removed, any data tagged to the account may be anonymised on request.

· The User is obligated to notify DMIS System Administrator without delay of any suspicious activity on his/her account that may lead to damage or loss. 

6. Intellectual Property Rights

· All information except the Signup information belongs to the Us.

· All Content included in our Application and the copyright and other intellectual property rights subsisting in that Content, unless specifically labeled 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.

· You may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Application unless given express written permission to do so by Us.

· A User may: -

a. Access, view, and use Our Application in a web browser (including any web browsing capability built into other types of software or app);

b. Download Our Application (or any part of it);

c. Print a copy of any page(s) from Our Application;

d. Download extracts from the pages on Our Application; and

e. Save pages from Our Application for later and/or offline viewing

· A User may not use any Content saved or downloaded from Our Application for commercial purposes without first obtaining a license from Us (or our licensors, as appropriate) to do so.

· Our status as the owner and author of the Content on Our Application (or that of identified licensors, as appropriate) must always be acknowledged.

7. User Content

· User Content on Our Application includes User Signup/Account Registration Information.

· A User agrees to be solely responsible for 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

· A User agrees to be liable to us and will, to the fullest extent permissible by law, indemnify us for a breach of conditions set herein,

· A User will be responsible for any loss or damage suffered by Us as a result of such breach.

· 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 license to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-license 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.

· 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.

· If you wish to remove User Content from Our Application, the User Content in question will be deleted or anonymized. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

8.      Links to Our Application

· You may link to Our Application provided that;

f. you do so in a fair and legal manner;

g. you do not do so in a manner that suggests any form of association, endorsement, or approval on Our part where none exists;

h. you do not use any logos or trademarks displayed on Our Application without Our express written permission; and

i. you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

j. Framing or embedding of Our Application on other websites is not permitted without Our express written permission.  Please contact Us at  dmissupport@mglsd.go.ug for further information.

· You may not link to Our Application from any other Application the main content of which contains material that;

k. is sexually explicit;

l. is obscene, deliberately offensive, hateful, or otherwise inflammatory;

m. promotes violence;

n. promotes or assists in any form of unlawful activity;

o. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;

p. is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

q. is calculated or is otherwise likely to deceive another person;

r. is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

· misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;

· implies any form of affiliation with Us where none exists;

· 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

· is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9.      Links to Other Applications

Links to other Applications may be included in our Application.  Unless expressly stated, these Applications are not under our control.  We neither assume nor accept responsibility or liability for the content of third-party Applications.  The inclusion of a link to another Application on our Application is for information only and does not imply any endorsement of the Applications themselves or of those in control of them.

10. Liability and Disclaimers

· Nothing on Our Application constitutes advice on which you should rely. It is provided for information purposes only.

· Insofar as is permitted by law, we make no representation, warranty, or guarantee that Our Application will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

· We make reasonable efforts to ensure that the Content on Our Application is complete, accurate, and up-to-date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this exception does not apply to information concerning services for sale through Our Site.

 

11. Our Liability

· To the fullest extent permissible by law, We accept no liability to any User 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.

· If you are a Business User, we hereby exclude all implied conditions, warranties, representations, or other terms that may apply to Our Application or Content.  We will not be liable for any 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.

· 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.

· 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.

· 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.

 

12. Acceptable Usage Policy

· You may only use Our Application in a manner that is lawful and that complies with the provisions of these terms of use;

· you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

· you must not use Our Application in any way, or for any purpose, that is unlawful or fraudulent;

· you must not use Our Application to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

· you must not use Our Application in any way, or for any purpose, that is intended to harm any person or persons in any way.

· We reserve the right to terminate access to Our Application if a User is in material breach of the provisions of this Clause 13 or any of the other provisions of these Terms of Use.  Specifically, we may take one or more of the following actions;

· whether temporarily or permanently, your Account and/or your right to access Our Site;

· remove any User Content submitted by a User that violates our Acceptable Usage Policy;

· issue you with a written warning;

· take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

· take further legal action against you as appropriate;

· disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

· any other actions which We deem reasonably appropriate (and lawful).

· 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.

13. Privacy and Cookies

· Use of Our Application is also governed by Our Cookie and Privacy Policy. These policies are incorporated into these Terms of Use by this reference.

14.      Changes to these Terms of Use

· We may alter these Terms of Use at any time and without notice to you.  Any such changes will become binding on you upon your first use of Our Application after the changes have been implemented.  You are therefore advised to check this page from time to time.

· In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

15.      Contacting Us

To contact Us, please email Us at  dmissupport@mglsd.go.ug or using any of the methods provided on Our contact page at www.mglsd.go.ug.

16. Communications from Us

· If We have a User's contact details (if, for example, a User has an Account), We may from time to time send you important notices by email or pop up during the use of Our Application.  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.

· For questions or complaints about communications from Us, please contact us at dmissupport@mglsd.go.ug or via our Customer Call Line.

17.       Law and Jurisdiction

· 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 the country in which the Application is licensed and the goods or services available in the Application are provided.

· 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 in which the Application is licensed and in which the goods or services available in the Application are provided.

· 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 the Uganda in which the Application is licensed and in which the goods or services available in the Application are provided.