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Terms & Conditions

Terms and Conditions for m-paper .

By downloading or using M-Paper app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using M-Paper app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to remake the app in any other language(s), or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to SmartCodes Limited (T).

SmartCodes Limited (T) is committed to ensuring that M-Paper app is as useful and efficient as possible. For that reason, we reserve the right to make changes to M-Paper app or to charge for its services, at any time and for any reason. We will never charge you for the use of the app or its services without making it very clear to you exactly what you’re paying for.

M-Paper app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access M-Paper app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the M-Paper app won’t work properly or at all.

You should be aware that there are certain things that SmartCodes Limited (T) will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but SmartCodes Limited (T) cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including downloading and buying newspapers and data charges when using the M-Paper app. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, SmartCodes Limited (T) cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, SmartCodes Limited (T) cannot accept responsibility

With respect to SmartCodes Limited (T)’s responsibility for your use of M-Paper app, when you’re using the app, it’s important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. SmartCodes Limited (T) accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionality of M-Paper app.

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. SmartCodes Limited (T) does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, we may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

  1. Applicability of Terms and Conditions

The use of any Services and/or the app is subject to these Terms and Conditions of Use. The app and its services is intended for use solely by users who access the app within Tanzania. We make no representation that the services are available or otherwise suitable for use outside of Tanzania.

We reserve the right to prevent you using the app and the Services (or any part of them) in case of breach of conditions by the user.

  1. User Obligations

You agree to (and shall) abide by the terms and conditions of use as amended from time to time. You warrant that all information provided on registration and contained as part of your account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your account.

  1. General

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions without our written agreement, which will not be refused without good reason. If any part of these Terms and Conditions is found to be invalid by any court having competent jurisdiction the validity of the remaining terms will be unaffected. If either party does not exercise any right or remedy under these Terms and Conditions, this will not be taken to mean that they have been waived.

  1. Content Availability

The content which is the subject of this Agreement and which makes up the M-Paper shall be available by no later than 6am East African Time for Newspapers and Magazines 1hour before the release of the print version.

  1. E-mail Policy

We reserve the right to take such action as we in our sole discretion deem fit in respect of any electronic mail ("e-mail") which contains threatening, abusive, malicious, pornographic, obscene, defamatory or otherwise illegal or inappropriate material. Unless you indicate to the contrary, all e-mails received by us from you are deemed to have been submitted, where appropriate, for publication, free of charge.

If we decide to publish an e-mail from you on M-Paper we will incur no liability to you by doing so. We will not disclose any personal information under any circumstances of any of our staff.

  1. Registration
    1. M-Paper will require that you register in order to use it; you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address and phone number) by altering your details as appropriate. 
    2. Registration is for a single user only. On registration, where required you must choose a user name and password. We do not allow any of the following:
      • Any other person sharing your user name and password or other access feature;
      • Access through a single user name and password or other access feature being made available to multiple users on a network. 
    1. We will not be liable for any unauthorized transactions made using your user name or password.
    2. After you have registered to use M-Paper, you will be obliged to click on an icon indicating that you have read, understood and accepted these Terms and Conditions. You will not be allowed to complete registration unless you indicate your acceptance of these Terms and Conditions and any other terms and conditions that may apply.
  1. Intellectual Property Rights
    1. All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the app are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
    2. Nothing contained on the app should be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the app without our written permission. Misuse of any trademarks or any other content displayed on the app is prohibited.
    3. We will not hesitate to take legal action against any unauthorized usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
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  1. Indemnity

You agree to indemnify and hold us and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Web Application and/or a breach of the Acceptable Use Policy and/or any of these Terms and Conditions.

  1. Payment
    1. Where any goods or services offered via M-Paper requires payment: It is your responsibility to ensure that your Electronic Device has the necessary technical specification to receive or use any content purchased from M-Paper. All amounts payable must be paid in full in American dollars or Tanzanian Shillings, (unless otherwise indicated) without any deductions or set offs. If any payment is not verified and approved, your payment is rejected or refused or you default in payment, your service will be immediately suspended. You must be the bill payer of the particular method of payment that you use to pay for any service, or alternatively you must get the prior permission of the bill payer. You are also responsible for any charges charged by a Web phone network operator, network service provider or internet operator.
    2. These charges are not in addition to the price of this service. Those additional charges are outside our control, and we will not be responsible for refunding them to you.
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  1. Cancellation Rights
    1. The subscription price of the M-Paper is set out on the pages which contain our subscription process and you may take out a subscription based on the frequency selected by you at the applicable rates. The nature of the goods and service offered by Smart Codes under this agreement is such that cancellation will only be allowed in the strictest circumstances as outlined below. In any other case where, Smart Codes has already supplied the M-Paper there shall be no cancellation or refund due to the nature of the goods and for those purposes Smart Codes will invoke the appropriate laws of the United Republic of Tanzania.
    2. However, in the event that the customer wishes to cancel his/her subscription in relation to such substantially unused portion of the subscription which remains outstanding he/she shall be entitled to a refund on the following terms. You will be required to notify Smart Codes by email at subscriptions@mpaper.co.tz  or by completing the refund request form on the M-Paper website. You will be required to verify your sign-in information.
    3. Smart Codes will forward your request to our e-commerce solution within 72 hours of receipt of your request. Smart Codes will not be responsible for the rate at which your request is processed by the e-commerce solution or your own issuing bank. You will not be entitled to any cash refund from Smart Codes, but your account will be credited with the approved amount.
    4. Your cancellation rights in respect to any goods or services offered by a third party will be subject to the terms and conditions of that third party and not Smart Codes.
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  1. Choice of Law and Jurisdiction
    1. These Terms and Conditions shall be governed by and interpreted in accordance with Tanzanian law and you irrevocably agree that the courts of the United republic of Tanzania shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with, these Terms and Conditions.
    2. We shall retain the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of your principal place of business.
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  1. Amendments

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes as they are binding upon you. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.

  1. Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at support@smartcodes.co.tz

 

IF YOU DO NOT AGREE WITH THE TERMS CONTAINED IN THIS AGREEMENT PLEASE EXIT THE WEB APPLICATION.

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