Terms and Conditions for SPHF – Resilient Housing

Terms and Conditions

Last updated: February 24, 2023

Please read these terms and conditions carefully before using Our Application. By accessing or using this Application with links to these Terms and Conditions, using the Application, clicking on the “I Accept” Button, completing the registration process, and /or merely browsing through the Application You represent that (1) You have read, understand, and agree to be bound by the Terms and Conditions, (2) You are of legal age to form a binding contract with SPHF, and  (3) You have the authority to enter into the Terms and Conditions personally or on behalf of the entity accessing or using the Application, as applicable.

Interpretation and Definitions

Interpretation

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application (also referred to as the “App”)means the software program provided by the SPHF, named “SPHF – Resilient Housing”, downloaded by You on any electronic device,–.
• Application Storemeans the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) or any other app store in which the Application has been downloaded.
• Affiliatemeans an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Countryrefers to: Pakistan
• SPHF (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms and Conditions) refers to Sindh Peoples Housing For Flood Affectees, Bungalow No. 20, Block 7/8, Modern Cooperative Housing Society, Tipu Sultan Road, Karachi.
• Devicemeans any device that can access the Application such as a computer, a cellphone or a digital tablet.
•  
• Terms and Conditions(also referred as “Terms“) mean these Terms and Conditions that form the entire agreement between You and the SPHF regarding the use of the Application.
• Youmeans the individual accessing or using the Application, or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Application and constituting the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application.

Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application.

By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Application.

You represent that you are over the age of 18. The SPHF does not permit those under 18 to use the Application.

Your access to and use of the Application is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Application.

Our Application

The purpose of this Application is to: support the inspection regime for damage assessment & verification along with verification at various levels of reconstruction of destroyed and damaged houses post-2022 floods in Sindh, Pakistan.

Account Security

By downloading and using this Application you authorize us to access, display and use certain information from your Google or Apple account (e.g. profile pictures and location information).

We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App, or the entire App, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the App.
• Ensuring that all persons who access the App through your internet connection are aware of these Terms and Conditions and comply with them.

To access the App, you may be asked to provide certain registration details or other information. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to register with this App or otherwise, including, but not limited to, through the use of any interactive features on the App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this App or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by You or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Application will cease immediately.

Governing Law

All matters relating to the App and these Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the Laws of Pakistan without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions of the App shall be instituted exclusively in the courts of Pakistan, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Disputes Resolution

If You have any concern or dispute about the Application, You agree to first try to resolve the dispute informally by contacting the Company.

Indemnification

You shall indemnify and hold SPHF, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim arising from the breach by You of these Terms and Conditions.

Severability and Waiver

Severability

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of the Application will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Entire Agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and SPHF regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Application. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. It is your responsibility to check these Terms and Conditions for changes prior to use, and in any event your continued use of the Application following the posting of changes to these Terms and Conditions constitutes your acceptance of any changes.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

• By email: head.hradmin@sphf.gos.pk