SPESHO UGANDA LIMITED is a private limited liability company established in the Uganda that enable an authorized transportation provider to seek, receive and fulfill requests for transportation services from an authorized user of Spesho applications.
SPESHO TERMS AND CONDITIONS FOR THE USER
- Definitions
- “Addendum” means an addendum or supplemental information to this Agreement setting forth additional Territory-specific terms, as made available and as updated by SPESHO from time to time.
- “App” means the mobile application provided by Spesho (U) Ltd that enables (Third parties) transportation providers to access the Spesho (U) Ltd Services for the purpose of seeking, receiving and fulfilling on-demand requests for transportation services by Users, as may be updated or modified from time to time.
- “Users Account” means the identification and password key assigned by Spesho (U) Ltd to you that enables you to use and access the Driver App.
- “Payment” has the meaning set forth in Section 10.
- “Service” has the meaning set forth in Section 2.
- “Transportation Services” means your provision of passenger transportation services to Users via the Spesho (U) Ltd Services in the Territory using the Vehicle.
- “Third Party Provider” means a driver that provides you with passenger transportation services to via the Spesho (U) Ltd Services in the Territory using the Vehicle.
- “Spesho (U) Ltd Services” mean Spesho (U) Ltd’s on demand lead generation and related services licensed by Spesho (U) Ltd to Spesho (U) Ltd that enable transportation providers to seek, receive and fulfill on-demand requests for transportation services by Users seeking transportation services; such Spesho (U) Ltd Services include access to the Driver App and Spesho (U) Ltd’s software, websites, payment services as described below, and related support services systems, as may be updated or modified from time to time.
- “User” means an end user authorized by Spesho (U) Ltd to use the Spesho (U) Ltd mobile application for the purpose of obtaining Transportation Services offered by Spesho (U) Ltd’s transportation provider customers.
- “User Information” means information about a User made available to you in connection with such User’s request for and use of Transportation Services, which may include the User’s name, pick-up location, contact information and photos.
- “Vehicle” means your vehicle that:
- meets the then current Spesho (U) Ltd requirements for a vehicle on the Spesho (U) Ltd Services; and
- Spesho (U) Ltd authorizes for your use for the purpose of providing Transportation Services.
- “Your Device” means a mobile device owned or controlled by you:
- Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, from within Uganda of applications, websites, content, products, and services (the “Services”) made available by Spesho Uganda Limited.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Spesho (U) Limited. If you do not agree to these Terms, you may not access or use the Services.
These Terms expressly supersede prior agreements or arrangements with you. Spesho Uganda Limited may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Spesho Uganda Limited may amend the Terms related to the Services from time to time. Amendments will be effective upon Spesho Uganda Limited’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Spesho Uganda Limited’s Privacy Policy located at https://www.speshotaxi.co.ug/legal. Spesho Uganda Limited may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.
- The Services
The Services constitute a technology platform that enables users of Spesho Uganda Limited’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Spesho Uganda Limited or certain of Spesho Uganda Limited’s affiliates (“Third Party Providers”). Unless otherwise agreed by Spesho Uganda Limited in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT SPESHO UGANDA LIMITED DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SPESHO UGANDA LIMITED OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Spesho Uganda Limited grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:
- access and use the Applications on your personal device solely in connection with your use of the Services; and
- access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Spesho Uganda Limited and Spesho Uganda Limited’s licensors.
You may not:
- remove any copyright, trademark or other proprietary notices from any portion of the Services;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Spesho Uganda Limited;
- decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
- link to, mirror or frame any portion of the Services;
- cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Provision of the Services.
You acknowledge that portions of the Services may be made available under Spesho Uganda Limited’s various brands or request options associated with transportation or logistics. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:
- certain of Spesho Uganda Limited’s subsidiaries and affiliates; or
- independent Third Party Providers, including transportation network company drivers, transportation charter permit holders or holders of similar transportation permits, authorizations or licenses.
- Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Spesho Uganda Limited does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Spesho Uganda Limited does not endorse such third party services and content and in no event shall Spesho Uganda Limited be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Spesho Uganda Limited’s property or the property of Spesho Uganda Limited’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Spesho Uganda Limited’s company names, logos, product and service names, trademarks or services marks or those of Spesho Uganda Limited’s licensors.
- Your Use of the Services
8.1 User Accounts.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different from 18), to obtain an Account. Account registration requires you to submit to Spesho Uganda Limited certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Spesho Uganda Limited’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Spesho Uganda Limited in writing, you may only possess one Account.
8.2 User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by an Adult. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
8.3 Text Messaging.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Spesho Uganda Limited at any time by sending an email to ops@speshotaxi.com.ug indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
8.4 User Provided Content.
Spesho Uganda Limited may, in Spesho Uganda Limited’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Spesho Uganda Limited through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Spesho Uganda Limited, you grant Spesho Uganda Limited a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Spesho Uganda Limited’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Spesho Uganda Limited the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Spesho Uganda Limited’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Spesho Uganda Limited in its sole discretion, whether or not such material may be protected by law. Spesho Uganda Limited may, but shall not be obligated to, review, monitor, or remove User Content, at Spesho Uganda Limited’s sole discretion and at any time and for any reason, without notice to you.
- Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Spesho Uganda Limited does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Payment
You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Spesho Uganda Limited will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Spesho Uganda Limited. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Spesho Uganda Limited will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Spesho Uganda Limited using the preferred payment method (whether credit card or mobile money) designated in your Account, after which Spesho Uganda Limited will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Spesho Uganda Limited may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. Third Party Provider’s are also entitled to charge You (User) for any Tolls, taxes or fees incurred during the provision of Transportation Services, if applicable.
As between you and Spesho Uganda Limited, Spesho Uganda Limited reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Spesho Uganda Limited’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Spesho Uganda Limited will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Spesho Uganda Limited may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Except with respect to taxicab transportation services requested through the Application, Spesho Uganda Limited does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Spesho Uganda Limited (on Spesho Uganda Limited’s website, in the Application, or in Spesho Uganda Limited’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Spesho Uganda Limited provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
- Repair or Cleaning Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, the Third Party Provider vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by Spesho Uganda Limited in Spesho Uganda Limited’s reasonable discretion, Spesho Uganda Limited reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Spesho Uganda Limited to the applicable Third Party Provider and are non-refundable.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SPESHO UGANDA LIMITED DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SPESHO UGANDA LIMITED MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SPESHO UGANDA LIMITED DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY.
SPESHO UGANDA LIMITED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SPESHO UGANDA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPESHO UGANDA LIMITED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SPESHO UGANDA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPESHO UGANDA LIMITED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SPESHO UGANDA LIMITED’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL SPESHO UGANDA LIMITED’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED THOUSAND SHILLINGS (UGX 500,000).
SPESHO UGANDA LIMITED’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SPESHO UGANDA LIMITED HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
- INDEMNITY.
You agree to indemnify and hold Spesho Uganda Limited and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Spesho Uganda Limited’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- MISCELLANEOUS TERMS
In the event Spesho (U) Ltd modifies the terms and conditions of this Agreement at any time, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Spesho (U) Ltd reserves the right to modify any information referenced at hyperlinks from this Agreement from time to time. You hereby acknowledge and agree that, by using the Spesho (U) Ltd Services, or downloading, installing or using the Driver App, you are bound by any future amendments and additions to information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the Spesho (U) Ltd Services or Driver App after any such changes shall constitute your consent to such changes. Unless changes are made to the arbitration provisions herein, you acknowledge and agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration.
If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Neither party shall assign or transfer this Agreement or any of its rights or
obligations hereunder, in whole or in part, without the prior written consent of the other party; provided that Spesho (U) Ltd may assign or transfer this Agreement or any or all of its rights or obligations under this Agreement from time to time without consent:
- to an Affiliate; or
- to an acquirer of all or substantially all of Spesho (U) Ltd’s business, equity or assets.
- ENTIRE AGREEMENT.
This Agreement, including all Supplemental Terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In this Agreement, the words “including” and “include” mean “including, but not limited to.” The recitals form a part of this Agreement.
- GOVERNING LAW AND ARBITRATION
Any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Spesho (U) Ltd Services that are not subject to the arbitration clause contained below shall be subject to the exclusive jurisdiction of the Ugandan law and Courts of Law.
The failure of Spesho (U) Ltd to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Spesho (U) Ltd in writing.
- Arbitration Provision
Important Note Regarding this Arbitration Provision:
- Except as provided below, arbitration does not limit or affect the legal claims you may bring against the Spesho (U) Ltd. Agreeing to arbitration only affects where any such claims may be brought and how they will be resolved.
- Arbitration is a process of private dispute resolution that does not involve the civil courts, a civil judge, or a jury. Instead, the parties’ dispute is decided by a private arbitrator selected by the parties using the process set forth herein. Other arbitration rules and procedures are also set forth herein.
- Unless the law requires otherwise, as determined by the Arbitrator based upon the circumstances presented, you will be required to split the cost of any arbitration with the Spesho (U) Ltd.
Arbitration, with the exception of proceedings that must be exhausted under applicable law before pursuing a claim in a court of law or in any forum other than arbitration
- CLAIMS OF COPYRIGHT INFRINGEMENT.
Claims of copyright infringement should be sent to Spesho Uganda Limited’s designated agent. Please visit Spesho Uganda Limited’s web page at https://www.speshotaxi.co.ug/legal for the designated address and additional information.
Spesho Uganda Limited may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Spesho Uganda Limited by written communication to Spesho Uganda Limited’s address at P.O. Box 11525, Plot 23 Luthuli Avenue, Kampala, Uganda.
You may not assign or transfer these Terms in whole or in part without Spesho Uganda Limited’s prior written approval. You give your approval to Spesho Uganda Limited for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Spesho Uganda Limited’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Spesho Uganda Limited or any Third Party Provider as a result of the contract between you and Spesho Uganda Limited or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”