1.1 These terms of use (the “Terms”) apply to the use of the Dawurobo mobile app (the “App”) and the website https://dawurobo.com (the “Website”; App and Website together also the “Services”) by you (the “User”, “you”, “your”). The Services are provided by the Dawurobo, Adenta Accra, Ghana (“Dawurobo”, “we”, ”us”).
1.2 The App easily allows you to interact with other App users around you. In the App you are able to share messages, pictures and videos with other App users in your direct surroundings. In addition you can explore posts of other App users around you and interact with them. The services provided in the App are consisting of interactive functions that give users, in particular, the ability to post content, including, but not limited to, text, pictures and videos. Once you post content in the App other users can see your content through their use of the App or on the Websites. For more information about the App please visit the Websites. Some features of the App might also be accessible via the Websites (in particular checking out posts of other App user without using an App account).
2.1 These terms of use (the “Terms”) apply to the use of the Dawurobo mobile app (the “App”) and the website https://dawurobo.com (the “Website”; App and Website together also the “Services”) by you (the “User”, “you”, “your”). The Services are provided by the Dawurobo, Adenta Accra, Ghana (“Dawurobo”, “we”, ”us”).
2.2 Only users that are older than 16 years of age may register for and use the App. You will be asked to verify your age in the registration process in the App. If you are under 16, you are not allowed to use the App. In addition, the use of the Services is only allowed (i) for users that are consumers, and (ii) for non-commercial purposes.
2.3 The use of the Services is free of charge for you.
3.1 Upon conclusion of the Contract (see above section 2.1), Dawurobo grants to you - subject to the limitations set forth in these Terms (see in particular sections 4 and 6 below) - a limited, non-exclusive, non-transferable, non-sub-licensable, right to use the App for the intended purposes of the App and for the duration of the Contract, limited, however, to an only personal and non-commercial use of the App.
3.2 You allow us to use the content that you post in the App (“User Generated Content”) (in particular content that is protected by intellectual property rights) in order for us to provide you with the respective App services in the App (in this context and for such purposes we are, in particular, allowed to host, use, distribute, modify, perform, reproduce, copy, publicly perform or display, translate and create derivative works of the User Generated Content (such types of use together the “Use Rights”)). The license in the aforementioned sentence is granted to us cost free and for the purpose of providing you with the App services.
3.3 We may also use the User Generated Content on our social media pages (e.g. Facebook) and /or use them in (connection with) other publications of us (e.g. books) that we might produce and distribute without any further consideration owed to you. Also in such cases and for such purposes we shall have the corresponding Use Rights.
3.4 If and to the extent the Websites also provide the User (in the future) with the possibility to post content on the Websites similar to User Generated Content (such content also the “Website User Generated Content”), then the aforementioned granting of rights in favor of Dawurobo as set forth in section 3.2 above shall apply mutatis mutandis to such Website User Generated Content. If and to the extent the Websites also provide the User (in the future) with the possibility to post Website User Generated Content, then the aforementioned granting of rights in favor of Dawurobo as set forth in section 3.3 above shall apply mutatis mutandis to such Website User Generated Content.
4.1 You may only use the Services and the services provided in the App and on the Websites for the intended purposes of the Services. Any other use of the Services that is not explicitly granted to you in these Terms is (i) not allowed, and (ii) with regard to the App not covered by the license granted to you in section 3.1. In particular, you shall comply at all times with the restrictions of use and the obligations set forth in sections 4.2 to 4.3 and 6.
4.2 The User undertakes to not post in the App and/or on the Websites:
4.3 With regard to the Services the User undertakes to not:
5.1 You are responsible for the posts that are created by you or via your device. We cannot guarantee that all Third Party Content is true and accurate. We, in general, do not (proactively) check whether the content posted by a user is (i) true and accurate, and/or (ii) in violation of the applicable laws.
5.2 In order to prevent that your device and/or your App account is compromised by third parties (e.g. through malware) you shall take all reasonable safety measures, in particular, you shall install without undue delay the most recent updates regarding (i) your device (in particular updates of the devices’ operating system), and (ii) the App.
5.3 If you become aware of any security gaps regarding the Services or material violations of these Terms by other users we are very thankful and happy if you notify our support team (using the in-app form or the form on the Websites).
6.1 The “Services Contents” are our property or the property of the respective licensor and are protected under copyright law, trademark law and/or other statutes protecting intellectual property (“Services Contents” in the meaning of these terms shall include all elements of the Services, i.e. data and material including images, graphics, illustrations, designs, symbols, photos, texts and other depictions with the exclusion of User Generated Content, Website User Generated Content and Third Party Content).
6.2 Any kind of use and/or reproduction of the Services Contents without our explicit prior consent is a violation of the applicable law and prohibited under these Terms.
7.1 Insofar as technically possible and economically reasonable, we strive to make the Services available at all times. However, we assume no guarantee of availability. Use can be temporarily limited if necessary due to capacity constraints, for reasons of security or system integrity or to perform technical maintenance and in order to provide proper and/or better services. In such cases Dawurobo will take the Customers’ legitimate interests into account, e.g. by informing them ahead of time (if possible).
8.1 Dawurobo shall be liable to User pursuant to the provisions of the applicable product liability laws, in cases of intent and gross negligence, for injury to life, limb or health, if Dawurobo assumes a guarantee, if any, as well as in all other cases of mandatory statutory liability, in each case in accordance with the statutory provisions.
8.2 In the event of a breach of material contractual duties (so-called “Cardinal Obligations”), Dawurobo shall be liable towards User for the reimbursement of damages. Cardinal Obligations are all obligations whose breach would jeopardize the achievement of the contractual purpose, as well as all obligations whose fulfillment enables the proper performance of the contract in the first place and on compliance with which you can generally rely. However, where a breach of a Cardinal Obligation is due only to slight negligence and does not result in injury to life, limb or health, User’s claims will be limited to damages in the amount of the typically foreseeable damage.
8.3 In all other cases, claims for damages against Dawurobo Dawurobo – regardless of their legal basis, in particular due to a breach of a pre-contractual duty or of obligations under the contractual relationship between User and Dawurobo by Dawurobo, its legal representatives, employees or vicarious agents or based on tort − are disclaimed.
8.4 To the extent Dawurobo’s liability is limited or disclaimed according to this section 8, this shall also apply to the personal liability of Dawurobo’s legal representatives, employees and vicarious agents.
8.5 The aforementioned provisions of this section 8 shall not entail any change in the burden of proof to the detriment of User.
8.6 User’s claims for damages shall become statute barred upon expiry of the statutory limitation periods, as of the statutory onset of these periods.
The User agrees to indemnify, defend, and hold harmless Dawurobo from and against any loss, expense, liability, damage, claim (including reasonable attorney fees) that arises out of User’s culpable violation of the User’s obligations under these Terms.
Insofar as the Services contain links and references to third parties, especially third party websites, we have no influence on the current and future design and contents of the linked websites and can therefore assume no liability. The use of these contents provided by third parties is at your own risk. Should you find that we have linked or otherwise referred to sites with illegal or questionable content, please notify us so that we can delete the link as quickly as possible.
We collect, process and use personal data insofar as is necessary in accordance with our Privacy Policy.
Dawurobo may (temporarily) block the User’s use of the Services, in particular:
For the duration of a respective blocking of the User’s use of the App the license granted to the User in section 3.1 ceases.
13.1 The Contract is concluded for an indefinite period. The Contract may be terminated by either party at any time with a two week notice period. The Contract is terminated automatically if the User uninstalls the App from its mobile device.
13.2 In addition, the right of both parties to terminate the Contract without notice for cause remains unaffected. Dawurobo shall be entitled to terminate the Contract for cause without notice, in particular:
In addition, the right of both parties to terminate the Contract without notice for cause remains unaffected. Dawurobo shall be entitled to terminate the Contract for cause without notice, in particular:
15.1 Under certain circumstances, Dawurobo may need to change and/or amend these Terms (e.g. in the case of changes in legislation relevant to the App). In such a case, Dawurobo shall notify the User of the corresponding amended terms in a suitable form. With regard to the use of the App, in general, this will happen when the App is (re)opened by the User. The User will then be asked to agree to the amended terms. In the event that the User refuses or rejects the acceptance of the amended Terms (i) the User shall be entitled to a termination without notice for cause pursuant to section 13. above, and (ii) Dawurobo shall be entitled to (a) a termination without notice for cause pursuant to section 13. above, provided that a corresponding termination appears to be necessary for Dawurobo and does not put the User at a disadvantage contrary to good faith, and (b) a right to block the User’s use of the App in accordance with section 12. above, provided that a corresponding blocking appears to be necessary for Dawurobo and does not put the User at a disadvantage contrary to good faith. Dawurobo shall again notify the User of the aforementioned possible consequences of a refusal of acceptance of the amended Terms by the User when announcing to the User the respective amended Terms.
15.2 Dawurobo is not willing and not obliged to participate in a dispute settlement procedure in front of a consumer arbitration board.
15.3 The laws of the Republic of Ghana shall apply to these Terms.
15.4 Should individual provisions in these Terms be or become wholly or partially invalid, the validity of the remaining provisions will remain unaffected. The invalid provision shall be deemed to be replaced by a feasible provision which economically most closely reflects the purpose of the invalid provision. The same applies in the event that the Terms contain any omissions.