TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) apply to nita.go.ug and any other third level sub domain (collectivity referred to as Websites).
Please read these Terms carefully as they contain important information regarding your legal rights, remedies and obligations with respect to your use of the Websites including but not limited to various limitations, exclusions, and indemnities.
By accessing or using this website, and the content and services available via nita.go.ug, you signify that you have read, understand and agree to be bound by these Terms in all respects with respect to this Website. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using this Website.
DEFINITIONS
For clarity and comprehension, we have defined certain words used in the Terms and on the Websites. Additional definitions are included elsewhere in the Terms.
"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia elements, photographs, videos, reports, documents, information, data and any other work.
“User” means all users of the Website.
“You" means you as an individual user of the Website.
ABOUT THE WEBSITE
The Website provides information related to the National Information Technology Authority - Uganda (NITA-U). References to “the Website,” “the Websites”, and “www.nita.go.ug” include all software, content and features provided within the relevant Website(s).
YOUR RESPONSIBILITIES
Acceptable conduct
You will use the Website only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these Terms, you will immediately notify us via this contact form and provide us with assistance, as requested, to stop or remedy such violation.
Prohibited conduct
In using the Website, you must not do any of the following:
- Post, transmit or otherwise make available through the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment, such as a virus, worm, Trojan horse, Easter Egg, time bomb, spyware or other computer code, file or program (each, a “Virus”).
- Use the Website for any purpose that is fraudulent or otherwise tortious or unlawful.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of any of part of the website; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Website
- Reverse engineer, decompile or disassemble any portion of any of the Websites, except where such restriction is expressly prohibited by applicable law
- Remove or alter any copyright, trademark or other proprietary rights notice on the Website
- Use any robot, spider, Websites search/retrieval application or other manual or automatic device to (a) retrieve, index, “scrape,” “data mine” or otherwise gather content from the Website, (b) reproduce or circumvent the navigational structure or presentation of the Website, or (c) Harvest or collect information about users of the Website without National Information Technology Authority - Uganda (NITA-U) ’s express prior written consent.
If you do not comply with these Terms (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Website or take any other steps we consider appropriate.
Requirements to Use the Website
If you are using the Website on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms on behalf of such organisation and all references to "you" throughout these Terms will include such organisation, jointly and severally with you personally.
Features
No user registration is required to use the Website.
INTELLECTUAL PROPERTY
Our Content
Except where expressly stated otherwise, all right, title, and interest in and to the Website and all Content, source code, processes, designs, technologies, URLs, domain names, marks, and logos forming any part of the Website (collectively, "Our Content") are fully vested in us and protected by applicable copyrights, trademarks, patents, trade secrets, or other proprietary rights and laws.
You agree that access and use of Our Content is subject to these Terms, including the disclaimers and limitations of liability herein. Nothing in your use of the Websites or these Terms grants you any right, title or interest in or to Our Content except the limited right to use the Website as set out in these Terms.
Unless otherwise expressly authorised by us in writing, you agree not to
- copy, modify, deep-link, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in Our Content;
- remove any proprietary notices or labels on or in Our Content; or
- allow any other person or entity to engage in any of the foregoing.
Third-Party Content
The Website contains links to information, services and other materials made available by third parties (collectively, "Third Party Content"). If you use such functionality, you are directing us to access, route and transmit to you the applicable Third Party Content.
Third-Party Content may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of this Website or these Terms grants you any right, title or interest in or to this Third Party Content except for the limited right to use the Website as set out in these Terms.
We neither control nor endorse, nor are responsible for, any Third Party Content and we make no representations or warranties with respect to them. Your use of any Third Party Content is subject to any terms, conditions and policies applicable to them (such as terms of service or privacy notices of the providers of the Third Party Content).
OPEN-SOURCE
The Websites may include open source components, which are licensed for use and distribution by us under applicable open source licenses. Use of these open source components is governed by and subject to the Terms and conditions of the applicable open source license.
LIABILITY AND WARRANTIES
Warranties
This Website makes no representations or warranties about the site, which is provided “as is”. To the maximum extent permitted by law, we exclude all implied warranties regarding the site, including without limitation, the warranties of fitness for purpose, title, and non-infringement.
Limitation of Liability
You acknowledge and accept that use of this Website is subject to the risks inherent in any connection and transmission on the internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, neither this website nor any National Information Technology Authority - Uganda (NITA-U) Parties are liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Websites arising for any reason, including, but not limited to, by reason of the technical or operational failure of any nature.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NATIONAL INFORMATION TECHNOLOGY AUTHORITY - UGANDA PARTIES DISCLAIM ALL LIABILITY AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR REVENUES, GOODWILL, WORK STOPPAGE, SECURITY BREACHES, VIRUSES, COMPUTER FAILURE OR MALFUNCTION, USE, DATA OR OTHER INTANGIBLE LOSSES OR COMMERCIAL DAMAGES, EVEN IF ANY OF SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH LOSSES, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE USE OF OR INABILITY TO USE THE SAME, OR ANY OTHER SUBJECT MATTER HEREOF.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NATIONAL INFORMATION TECHNOLOGY AUTHORITY - UGANDA (NITA-U) PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ERRORS OR OMISSIONS IN THE WEBSITES; ANY INFORMATION MADE AVAILABLE THROUGH THEM; ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE WEBSITES OR THE INFORMATION MADE AVAILABLE THROUGH THEM; OR FOR ANY LOSS OR DAMAGES - INCLUDING CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES - THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITES OR ANY INFORMATION OR MATERIALS OBTAINED BY YOU VIA OR IN CONNECTION WITH THE WEBSITES.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend (at the indemnified party’s option), indemnify, and hold the National Information Technology Authority - Uganda (NITA-U) Parties and their insurers harmless from and against any action, proceedings, claims, causes of action, demand, debts, losses, damages, charges and costs, including reasonable legal costs and/or any amount paid to settle any action or to satisfy a judgement and expenses of any kind and character whatsoever incurred by us relating to or arising from any content or information posted or transmitted by you using the Websites or otherwise arising out of your use of the Websites or use of the Websites by any third party who is given or gains access to the Websites due to your action or inaction. Your indemnification obligation to the National Information Technology Authority - Uganda (NITA-U) Parties includes but is not limited to any instance where one or more of your submissions infringes any Third Party Content or other third-party intellectual property rights, or is inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
The National Information Technology Authority - Uganda (NITA-U) Parties have the right at any time to forego the indemnification and assume the defense of any claim. Notwithstanding the foregoing, it is not the intent of the National Information Technology Authority - Uganda (NITA-U) Parties to affect the rights of the National Information Technology Authority - Uganda (NITA-U) Parties or their insurers to assume the defense or settlement of any claim against any National Information Technology Authority - Uganda (NITA-U) Party for which insurance coverage is sought under any applicable insurance policy.
Disclaimers and Assumptions of Risk
The Website and all information provided to you via nita.go.ug is provided “as is” and “as available.” To the maximum extent permitted by applicable law, the National Information Technology Authority - Uganda (NITA-U) Parties disclaim express, implied, and statutory warranties with respect to the same, including without limitation any implied warranties of fitness for a particular purpose, non-infringement, non-interference, and uninterrupted service. National Information Technology Authority - Uganda (NITA-U) neither represents nor warrants that the Website, services and content provided through nita.go.ug will be uninterrupted.
OTHER LEGAL PROVISIONS
Amendments
We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each amendment before such amendment becomes effective. The latest, fully-amended version of these Terms will be published on the Website. You are responsible for regularly reviewing the Website to obtain timely notice of such amendments. If any amendment is unacceptable to you, you may terminate the agreement between you and us regarding the use of the Website as set out in these Terms. If you continue to use the Website after the effective date of any amendment, you will be conclusively deemed to have accepted such an amended version of these Terms.
Privacy
The Website has a Data Protection & Privacy Notice. You acknowledge that you have read the Privacy Notice, as it may be updated from time to time.
Our Remedies
Without limiting any of our rights, we may suspend, restrict or terminate your use of the Website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the Terms, including but not limited to any of your responsibilities as set out above.
Enforceability
Your use of the Website, and the content and features accessed through them, constitutes your agreement to these Terms; such agreement will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
Interpretation
In these Terms, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to the Website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced Websites(s).
No implied waiver
If you do not comply with these Terms, and we do not take action immediately, this does not mean we or any of the National Information Technology Authority - Uganda (NITA-U) Parties are giving up any rights that we/they may have (such as taking action in the future).
Limitation Period
Any cause of action you may have with respect to these Terms must be commenced within one year after the claim or cause of action arose, or it will be barred.
Notices
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms:
- by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
by you to us will be deemed to have been effectively and validly given only if in writing and delivered or submitted via:
The Executive Director
National Information Technology Authority - Uganda (NITA-U)
Palm Courts, Plot 7A, Rotary Avenue (Former Lugogo Bypass)
P.O. Box 33151, Kampala - Uganda
Telephone: +256-417-801038
E-mail: info@nita.go.ug
Assignment
We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior, written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms or use of the Website.
Force Majeure
Neither party will be responsible for a failure to fulfil its obligations under these Terms or for the delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, health pandemics, war, riots, strikes and accidents.
Entire Agreement
These Terms, as amended from time to time, including any and all documents, Websites, rules, Terms and policies referenced herein, including but not limited to the Privacy Statement, constitutes the entire agreement between us and you with respect to your use of the Website.
English Language
The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English.
Severability
If a particular term is found to be unenforceable, this will not affect any other terms.
Updates
The Terms are current as of the date on the top of this page. We may update the Terms and Conditions at any time by publishing an updated version here. If you continue to use the Website after any such changes, that will indicate you accept those changes.
Version 2.0 – October 2021
