Terms and Conditions for ROSMA (Road Safety Mobile Application)
Effective August 2022
Welcome to ROSMA (Road Safety Mobile Application)!
These terms and conditions outline the rules and regulations for the use of the ROSMA app located on Google's Play Store and Apple's App Store.
By downloading this app to your device, we assume you accept these terms and conditions. Do not download ROSMA if you do not agree to take all of the terms and conditions stated on this page.
1. Contractual relationship:
These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by ErnKate Limited (“ErnKate”, "ErnKate Ltd"), a private limited liability company established in Zambia, registered at office number 36A Sambilila road, Kabundi South, Chingola, Copperbelt, 10101 with company registration number 120110097202 and TPIN number 1002100524, through the ErnKate mobile application ("Accident Avoidance Mobile Application", “ErnKate Road App”, “Road App”, " ROSMA", "Road Safety Mobile Application"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and ErnKate. 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. ErnKate 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. ErnKate may amend the Terms related to the Services from time to time. Amendments will be effective upon ErnKate’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 ErnKate’s Privacy Policy located at https://ernkate.com/privacy-policy-zuu7UQ. ErnKate 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.
2. The Services:
The Services constitute a technology platform that enables users of ErnKate’s mobile applications and(or) websites provided as part of the Services (each, an “Application”) to provide but not limited to road status information, accident occurrence information, and warning alerts, road safety advice, and other related safety features as deemed necessary in accordance with the highway code of the Republic of Zambia. This is the digitised version of the highway code. Some selected data may be shared with third-party institutes such as the Road Development Agency (RDA) and The Road Transport and Safety Agency (RTSA) for research purposes and academia to be used in further improving the road networks of Zambia and ensuring quality services and improvement of road services are kept to high standards. Unless otherwise agreed by ErnKate in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT ERNKATE IS NOT RESPONSIBLE FOR HOW YOU ACT ON THE ROAD WHILE YOU USE THE ROSMA APP. YOU ACKNOWLEDGE THAT THE ERNKATE ROAD APP ONLY IS A TOOL OF GUIDANCE TO NAVIGATE THE ROAD AND EVERY CHOICE MADE IS SOLELY YOUR RESPONSIBILITY. YOU SHALL USE YOUR DISCRETION AND JUDGMENT AGAINST THE APP WHERE NECESSARY.
License:
Subject to your compliance with these Terms, ErnKate grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) 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 ErnKate and ErnKate’s licensors.
Unless otherwise stated, ErnKate Limited and/or its licensors own the intellectual property rights for all material on ROSMA. All intellectual property rights are reserved. You may access this from ROSMA for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Copy or republish material from ROSMA
Sell, rent, or sub-license material from ROSMA
Reproduce, duplicate or copy material from ROSMA
Redistribute content from ROSMA
This Agreement shall begin on the date hereof.
Restrictions:
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) 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 ErnKate; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) 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.
Third-Party Service and Content.
The Services may be made available or accessed in connection with third-party services and content (including advertising) that ErnKate 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. ErnKate does not endorse such third-party services and content and in no event shall ErnKate be responsible or liable for any products or services of such third-party providers. ErnKate has partnered with third-party road custodians including the Road Development Agency (RDA), The Road Transport and Safety Agency (RTSA), and the Zambia Police (ZP) as the co-implementors of the digitised highway code. 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. OWNERSHIP. The Services and all rights therein are and shall remain ErnKates’s property or the property of ErnKates’s licensors. Neither these Terms nor your use of the Services conveys 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 ErnKate’s company names, logos, product and service names, trademarks or services marks or those of ErnKate’s licensors.
3. Your use of services.
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 (THE LEGAL DRIVING AGE IN ZAMBIA), or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to ErnKate certain personal information, such as your name, address, mobile phone number, age, driver's license, and vehicle registration number as well as at least one valid payment method (either a credit card, mobile money or other 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 ErnKate’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account username and password. Unless otherwise permitted by ErnKate in writing, you may only possess one Account.
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 use the ErnKate Road App unless they are accompanied by you. 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., Only use the Application as a tool for road navigation and road status alert and warnings). 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 (e.g., in situations of suspected fraudulent activities but not limited to this particular situation only).
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 ErnKate Road App at any time by sending an email to ernkateltd@gmail.com 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.
USER REPORTING OF INCIDENTS AND SUBMISSION OF CONTENT.
By using the ErnKate Road App, you agree to make it your responsibility to report a road accident near you, a road accident that happened to you, a vehicle breakdown in the middle of the road, and other useful information, including but not limited to the reporting of the formation of potholes on a specific route, that may be of help to other road users and the third-party custodians of the road. You agree that if you decide to report an accident or any other road occurrence, you will not only submit the incident’s message but also accompanying evidence such as a picture or short video footage from your phone. You agree that reporting such incidences may result in an investigation of the issue by the relevant authorities and you will be ready to give a report or answer questions if necessary.
By providing User Content to ErnKate, you grant ErnKate a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, 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 ErnKate’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 ErnKate 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 ErnKate’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, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ErnKate in its sole discretion, whether or not such material may be protected by law. ErnKate may, but shall not be obligated to, review, monitor, or remove User Content, at ErnKate’s sole discretion and at any time and for any reason, without notice to you.
PROMOTIONAL CODES.
ErnKate may, in ErnKate’s sole discretion, create promotional codes that may be redeemed for Account credit, during payments, subject to any additional terms that ErnKate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ErnKate; (iii) may be disabled by ErnKate at any time for any reason without liability to ErnKate; (iv) may only be used pursuant to the specific terms that ErnKate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. ErnKate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ErnKate determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
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. ErnKate 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.
HANDS-FREE USUAGE OF THE ROAD APP
As a properly trained and licenced driver, you are expected to focus on the road as per highway code regulation. The ErnKate Road App is a hands-free tool that gives warnings, guidance, instructions and notifications to allow you (“THE USER, DRIVER”) to use the App handsfree without the need to look at your mobile phone. By using the ErnKate Road App you fully understand and agree this App as it was intended to be used. You agree that you will not use the Application with your gaze fixed on your phone. Should you look at your phone from time to time or occasionally leading into an accident or other undesired situations, ErnKate will not be held liable for any unfortunate event, situation, or accident.
4. Payments.
You understand that use of the Services may result in charges to you for the services you receive through the ErnKate Road App. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable unless otherwise determined by ErnKate. All Charges are due annually and payment will be facilitated by ErnKate using the preferred payment method designated in your Account, after which ErnKate will send you a receipt by email or SMS. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that ErnKate may, use a secondary payment method in your Account, if available. As between you and ErnKate, ErnKate reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in ErnKate’s sole discretion. Further, you acknowledge and agree that Charges applicable to certain types of persons such as commercial drivers (e.g., international drivers passing through Zambia) and private drivers (personal vehicles) may vary and differ as per ErnKate’s pricing categories. ErnKate will use reasonable efforts to inform you of Charges that may apply to you according to your category. ErnKate may from time to time provide certain users with promotional offers, subscriptions, 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, subscriptions, and discounts unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ERNKATE 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, ERNKATE 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. ERNKATE DOES NOT GUARANTEE THE QUALITY, OR INTEGRITY OF INFORMATION PROVIDED BY OTHER ROAD USERS CONCERNING ACCIDENTS OR OTHER ROAD CONDITIONS. ERNKATE WILL DO ITS BEST TO PREVENT CYBERCRIME AND CYBER SECURITY OF THE ROAD APP BUT WILL NOT BE HELD LIABLE SHOULD THERE BE ANY DATA INFRINGEMENT BY UNLAWFUL PEOPLE SUCH AS HACKERS. THE ERNKATE ROAD APP MAKES USE OF GPS SATELLITE LOCATION SERVICES AND INTERNET DATA FOR THE ACCURATE FUNCTIONING OF THE ROAD APP. INTERNET NETWORKS ARE HACKABLE AND CANNOT BE PROTECTED 100%. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
ERNKATE 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 ERNKATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ERNKATE 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) ERNKATE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ERNKATE’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY THAT THE USE OF THE ERNKATE ROAD APP IS YOUR FULL RESPONSIBILITY TO MAKE THE RIGHT DECISIONS AGAINST THE APP WHERE NECESSARY. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CAN NOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY.
You agree to indemnify and hold ErnKate 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; or (iii) ErnKates’s use of your User Content.
6. Governing law and arbitration
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Zambia. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction, or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Zambian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Zambian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration as per Zambian laws. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the law. The place of both mediation and arbitration shall be Zambia. The language of the mediation and/or arbitration shall be English unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders, and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
7. Other provisions
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to ErnKate’s designated agent. Please visit ErnKate’s web page at https://ernkate.com/contact for the designated address and additional information. NOTICE. ErnKate 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 ErnKate by written communication to ErnKate's address as mentioned above GENERAL. You may not assign or transfer these Terms in whole or in part without ErnKate’s prior written approval. You give your approval to ErnKate for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of ErnKate’s equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you and ErnKate or any Third-Party Provider as a result of the contract between you and ErnKate 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 replace and supersede all prior or contemporaneous agreements or undertakings regarding the such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
WHO IS ERNKATE?
ErnKate Limited is a Zambian-owned technology company that provides road safety tips, directions, guidance, and warnings to road users both commercial drivers such as taxi drivers, truck drivers, and bus drivers and also to individual private drivers. All this is achieved through the ErnKate Road App. ErnKate limited has digitised the highway code with the help of the Zambian road custodians (RDA) to ensure an accurate depiction of the highway code in the App. ErnKate Limited is not the RDA, ErnKate is not the RTSA and ErnKate is not the ZP. ErnKate does not operate under or as any of these third-party organisations, but rather collaborates with them on some levels.