Introduction
Contract
When you use One Data Limited Products and Services (hereinafter also referred to as “One Data Services” or “Our Services”), you agree to all of these terms. Your use of our services is also subject to all of our One Data Policies, which include but are not limited to the One Data Cookie Policy and the One Data Privacy Policy. These policies manage how One Data Limited collects, uses, shares and/or stores your personal and/or corporate information.
You agree that by clicking “Sign up”, “Join Now”, “Join One Data”, or similar, registering, accessing or using One Data services (described below), you are agreeing to enter into a legally binding contract with One Data Limited (even if you are using our services on behalf of yourself and or a legal entity). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign up ”and/or “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using any of our services.
Services
This Contract applies to www.onedata.info, One Data Limited products and services, and any other One Data related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those services, such as our adverts and applications plugged into the One Data Limited system. Registered users of our Services are “Members” and unregistered users are “Visitors”.
One Data
You are entering into this Contract with One Data Limited (also referred to as “One Data”, “we” and/or “us”). One Data Limited is legally registered in the Republic of Uganda. One Data Limited will be the controller of your personal and or Corporate data provided to, or collected by or for, or processed in connection with our services.
This Contract applies to Members and Visitors.
As a Visitor or Member of our services, the collection, use and sharing of your personal data is subject to the One Data Limited Privacy Policy, that includes our Cookie Policy (and other documents referenced in this Contract) and updates.
Members and Visitors
When you register, sign up and/or join One Data services, you become a Member. If you have chosen not to register for our services, you may access certain limited services and/or limited features as a “Visitor.”
Change
We may make changes to the Contract.
We may modify this Contract, our Privacy Policy and our Cookies Policy from time to time. If we make material changes to it, we will provide you notice through our services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account with One Data Limited. Your continued use of our services after we issue, publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date.
Obligations
Service Eligibility
Here are commitments that you make to us in this Contract:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 16.
To use the services, you agree that: (1) you must be the minimum age of 16 or older than 16; (2) you will have at least one One Data account, which must be in your real and registered name; and (3) you are not already restricted by One Data from using the services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if applicable law requires that you must be older in order for One Data to lawfully provide the services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
Your Account
You will keep your password a secret.
You will not share any personal account with anyone else and will follow our rules and the law.
Members are account holders. You agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account (e.g., connections) and (3) follow applicable law(s) and our Policies and Recommendations. You are responsible for anything that happens through your account unless you close it or report misuse.
As between you and others (including your employer), your account belongs to you. However, if the services were purchased by another party for you to use (e.g. User or administration account paid for by your company), the party paying for such service has the right to control access to and get reports on your use of such paid service; however, they do not have rights to your personal account.
Payment
You shall honour your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Refunds are subject to our policy.
If you buy any of our paid services (“Premium Services”), you agree to pay us the applicable fees and taxes and to the additional terms specific to the paid services. Failure to pay these fees will result in the termination of your paid services. Also, you agree that:
Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. foreign exchange rates).
We may store and continue billing your payment method (e.g. debit card) even after it has expired, to avoid interruptions in your services and to use to pay other services you may buy.
If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
All of your purchases of services are subject to One Data’s refund policy.
We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice through your One Data account settings under “Purchase Record”.
Notices and Messages
You accept One Data to provide notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the service, or (2) sent to the contact information you provided to us (e.g., email, mobile number, physical address). You agree to keep all your contact information up to date. From your account management, you can control and modify the settings of the notices and settings you receive from One Data.
Sharing
When you share information on our Services, others can see, copy and use that information.
Our services allow messaging and sharing of information in many ways, such as your profile, projects, investors, investments, service providers, data, information, attachments, pictures, videos, publications, reports, documents, links to data and information, media, messages and mail. Data, information and content that you share or post may be seen by other Members, Visitors or others. Where we have made settings available, we will honour the choices you make about who can see data, information and/or content (e.g., registered users of your content, sharing content only to One Data connections.)
We are not obligated to publish any information or content on our service and can remove it with or without notice.
Rights and Limits
Your License to One Data
You won all of the content, feedback and personal information you provide to us, but you also grant us a non-exclusive license to it.
One Data will honour the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and One Data, you own the content and information that you submit or post to the services, and you are only granting One Data and our Partners the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads within or near your content and information, and your actions may be visible and included with ads, as noted in the Privacy Policy. If you use a service feature, we may mention that with your name or photo to promote that feature within our services, subject to your settings.
We will get your consent if we want to give others the right to publish your content beyond the services. However, if you choose to share your post as "public, everyone or similar", we will enable a feature that allows other Members to embed that public post onto third-party services, and we enable search engines to make that public content findable through their services.
While we may edit and make format changes to your content (such as translating or transcribing it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others or not.
You and One Data agree that if content includes personal data, it is subject to One Data Privacy Policy.
You and One Data agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of One Data and your choices.
By submitting suggestions or other feedback regarding our services to One Data, you agree that One Data can use and share (but does not have to) such feedback for any purpose without compensation to you.
You promise to only provide information and content that you have the right to share, and that your One Data profile and content will be truthful.
You agree to only provide content or information that does not violate any law nor anyone’s rights (including intellectual property rights). You also agree that your profile, content and information will be truthful. One Data may be required by law to remove certain information or content in certain countries.
Service Availability
We may change or end any service or modify our prices prospectively.
We may modify, change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under applicable law.
We do not commit to store and/or keep displaying any data, information and content that you’ve posted. One Data is not a storage service. You agree that One Data does not have any obligation to store, maintain or provide you a copy of any data, information and/or content that you or others provide, except to the extent required by published applicable law and as noted in our Privacy Policy.
Other Content, Sites and Apps
Your use of any data, information and content posted at or on our services by other Parties, is at your own risk.
Other Parties may offer their own information, products and services through One Data services, and One Data is not responsible for any third-party activities, products and/or services.
By using the One Data services, you may encounter data, information and/or content that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. One Data generally does not review content provided by our Members and/or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let One Data members and/or visitors know you or your organization were mentioned in information, news or reports.
One Data may help connect Members offering their products and services (Planning, Development, Equity, Debt, Advisory, Supply, Contracting, etc.) with Members seeking services. One Data does not perform nor employ individuals to perform these services. You must be at least 18 years of age to offer, perform or procure these services. You acknowledge that One Data does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) One Data is not responsible for the offering, performance or procurement of these services, (2) One Data does not endorse any particular Member’s offered services, and (3) nothing shall create an agency agreement, partnership agreement or joint venture agreement between One Data and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required consents and licenses to provide those services and will provide services consistent with our Policies.
Similarly, One Data may bring to your attention certain activities promoted and organized by other Members and could connect you with other Members who are participating in other Member activities. You agree that (1) One Data is not responsible for the conduct of any of the Members or other participants in Members’ activities, (2) One Data does not endorse any particular activity or event listed on our Services, (3) One Data does not review and/or vet any of these activities or events, and (4) that you will adhere to these terms and conditions that apply to such activities or events.
Limits
We have the right to limit how you act, connect and interact on our services.
One Data reserves the right to limit your use of the Services, including the number of your users, administrators, activities, connections and your ability to interact with other Members. One Data reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the services (e.g., violating any of the Laws, Regulations, Policies and Recommendations).
Intellectual Property Rights
Below serves as notice of the One Data intellectual property rights.
One Data reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. One Data logos and other One Data designs, trademarks, service marks, graphics and logos used for our services are trademarks or registered trademarks of One Data.
Automated Processing
One Data reviews data and information about you to make relevant suggestions to you and others.
We use the information and data that you provide and that we have about Members to make recommendations for data, information, connections, content and features that may be useful to you. For example, we use data and information about you to recommend to you potential Partners of interest, to recommend you to potential Partners that could be of interest. Keeping your data, information and profile accurate and up to date helps One Data to make these recommendations more accurate and relevant.
Disclaimer and Limit of Liability
No Warranty
This is our disclaimer of legal liability for the quality, availability, volume, timing, safety, or reliability of our services.
ONE DATA AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ONE DATA AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusion of Liability
These are the limits of legal liability One Data may have to you.
TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS ONE DATA HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), ONE DATA LIMITED, INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR ANY LOST PROFITS AND/OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF ANY DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES.
ONE DATA AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO ONE DATA FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) SHALL NOT EXCEED US $500.
Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and One Data and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if One Data or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
These limitations of liability do not apply to liability for death or serious personal injury or for fraud, gross negligence or intentional misconduct, or in cases of proven negligence where a material and agreed obligation has been clearly breached, a material agreed obligation being such which forms a prerequisite to our delivery of services and on which you may reasonably rely, but only to the extent that the damages were directly caused by the proven breach and were clearly foreseeable upon conclusion of this Contract and to the extent that they are typical in the context of this Contract.
Termination
You and One Data can each end this Contract, but some rights and obligations shall survive the termination of this Contract.
Both you and One Data may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
Our rights to use and disclose your responses and feedback to the services;
Members and/or Visitors’ rights to further review and or re-share data, information and content you already shared through the services;
Sections 4, 6, 7, and 8(b) of this Contract;
Any amounts owed by either party prior to termination remain owed after termination.
You can use the Manage Account features to close your account and stop using the One Data services .
Governing Law and Dispute Resolution
In the unlikely event we end up in a legal dispute, depending on where you live, you and One Data agree to first resolve it in Courts of Uganda using the Laws of Uganda or secondly, in your local courts using the local law.
If you live or reside outside of Uganda, you and One Data agree that the laws of Uganda shall exclusively govern any dispute relating to this Contract and/or the services. You and One Data both agree that all claims and disputes can be litigated only in the courts of Uganda, and you and One Data each agree to personal jurisdiction in those courts.
General Terms
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and One Data agree that the court should modify the terms to make that part enforceable under the Law while still achieving and maintaining its intent. If the court cannot do that, you and One Data agree to ask the court to remove that unenforceable part and still maintain and enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the services) is the only agreement between us regarding the services and supersedes all prior agreements for the services.
If we don't act to enforce a breach of this Contract, that does not mean that One Data has waived its right to enforce this Contract. You shall not assign or transfer this Contract (or your membership or use of Services) to any person or any Party without our prior written consent. However, you agree that One Data may assign part of or this whole Contract to its affiliates or a party that buys One Data without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
One Data “Dos and Don’ts” and Recommended Actions.
One Data is a community of planning, development and financing professionals. This list of “Dos and Don’ts” and “Recommended Actions” along with our Policies limit what you can and cannot do on our services.
Dos
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, data protection laws, planning laws, finance and insurance industry laws and all regulatory requirements;
Provide accurate information to One Data and keep it updated and accurate;
For personal account, use your real name on your profile, projects, sponsors, etc.
For corporate account; use your legally registered name on your profile, projects and Sponsors, and
Use the Services in a professional manner.
Don’ts
You agree that you will not:
Create a false identity on One Data, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to affect or scrape the Services or otherwise copy profiles and other data from the services;
Override any security feature or bypass or circumvent any access controls or use limits of the service (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any data, information and/or content obtained from the services, whether directly or through third parties (such as search engines), without the consent of One Data;
Disclose data, information and/or content that you do not have the permissions and consent to disclose (such as confidential information of others (including any of your relatives, friends, partners, employer));
Violate any intellectual property rights of any other person or party, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) any posts or other content of others without their permission and consent, which they may give by posting under a license;
Violate any intellectual property or other rights of One Data, including, without limitation, (i) copying or distributing One Data learning materials, media or other information or (ii) copying or distributing One Data technology, unless it is released under open source licenses; (iii) using the word “One Data” or our property in any business name, email, or URL except as provided in the One Data Guidelines;
Post anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the services or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by One Data without our express written permission and consent (e.g., representing yourself as an accredited One Data partner);
Rent, lease, loan, trade, sell/re-sell and/or otherwise monetize the Services or related data or access to the same, without One Data’s written consent;
Unauthorised linkages to our services for any purpose other than to promote your official projects or profile or a Group on our Services, without One Data’s written consent;
Use robots or other automated methods to access the Services, add and/or download contacts, send and/or redirect messages;
Monitor the Services’ availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,”, “altering” and/or otherwise simulating the appearance or function of the Services;
Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate the One Data Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service, and the Terms of the Services where applicable.
Complaints Regarding Content
Contact information for complaints about content provided by our Members.
One Data respects the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. Please follow the Policy and Process that we provide for complaints concerning data, information and content posted by our Members.
How To Contact Us
Our Contact Information. Our Help Centre also provides information about our Services.
For general inquiries, you may contact us at the address below:
One Data Limited. Plot 7 Kulubya Close Bugolobi. Email: [email protected], www.onedata.info.