Terms and Conditions

Introduction

Welcome to Bongofree.com. By accessing www.Bongofree.com and its related websites, services, applications or tools (Collectively referred to as “Bongofree.com”) you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that Bongofree.com works for everyone. Bongofree.com is provided to you by Abudist Mediatech (“we”, “us” or “our”). Our service allows Tanzania users to post adverts. Our office is 4 Orwell House Cambridge CB4 0PP. Abudist Mediatech is a trading name of Decent Services Ltd, registered under number 07425851 in England and Wales. These Terms of Use constitute a legally binding agreement between you and Bongofree.com.com Limited and are effective as of 1st January 2020 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the “Sign Up” button when registering a Bongofree.com account and by otherwise accessing or using the Bongofree.com websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.

Using Bongofree

As a condition of your use of Bongofree.com (including Bongofree.com.com and its related websites, services, applications and tools) you agree that you will not:

• violate any laws;
• violate the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• post or otherwise communicate any false or misleading material or message of any kind;
• infringe any third-party right;
• distribute spam, chain letters, or promote pyramid schemes;
• distribute viruses or any other technologies that may harm Bongofree.com or the interests or property of Bongofree.com users;
• impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of Bongofree.com;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access Bongofree.com and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent;
• copy, modify or distribute rights or content from the Bongofree.com site, services, applications or tools or Bongofree.com copyrights and trademarks;
• harvest or otherwise collect information about users, including email addresses, without their consent
• bypass measures used to prevent or restrict access to Bongofree.com;
• sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.
• You are not allowed to insert your phone number, email address, social chat contact name or number and website URL link within the title or description of the advert.

You are solely responsible for all information that you submit to Bongofree.com and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user’s usage of Bongofree.com either temporarily or permanently, or refuse a user’s registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the Bongofree.com websites, services, applications or tools, we may, at our discretion, inform other Bongofree.com users that have been in contact with you and recommend that they exercise caution.

Abusing Bongofree.com

Bongofree.com and the Bongofree.com community work together to keep the Bongofree.com websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Bongofree.com if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the Bongofree.com employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off Bongofree.com or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on Bongofree.com or use of Bongofree.com by users.

Fees and Services

Using Bongofree.com is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the Bongofree.com website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the Bongofree.com fees when they’re due. If you don’t, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the Bongofree.com sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Bongofree.com users for any fees paid through use of our sites, services, applications and tools in the following cases:

• If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
• If your ads went live with exposure on the Bongofree.com sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
• If your ads are placed in the Pets or Massage categories of Bongofree.com;
• If your ads are placed into “edit” mode and will go live to site once updated by you;
• If you have removed your ads yourself;
• If you post duplicate ads as defined in our rules regarding duplicate ads;
• If we believe that your ads are in a significantly wrong category;
• Please note that the above list is not exhaustive. See the Bongofree.com Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

Content

Bongofree.com contains content from us, you, and other users. Bongofree.com is protected by copyright laws and international treaties. Content displayed on or via Bongofree.com is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from Bongofree.com without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in Bongofree.com. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of Bongofree.com (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on Bongofree.com by private individuals in the Tanzania. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by Bongofree.com.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to contact us using Bongofree.com contact from, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable Bongofree.com to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to Bongofree.com via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The “Notice of Infringement” is intended to enable rights owners to ensure that products offered by Bongofree.com users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using our help section.

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users’ postings and are not involved in the actual transactions between users. As most of the content on Bongofree.com comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Bongofree.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more Bongofree.com users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using Bongofree.com, you agree to the collection, transfer, storage and use of your personal information by Bongofree.com on servers located in the United Kingdom. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between you and Bongofree.com, we strongly encourage you to first contact us directly to seek a resolution by going to the Bongofree.com Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on Bongofree.com constitute the entire agreement between Bongofree.com and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against Bongofree.com.com Limited must be resolved by the courts of England and Wales. You and Bongofree.com both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Bongofree.com both agree to submit to the jurisdiction of the County Court of Cambridge.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Abudist Mediatech, 4 Orwell House, Cowley Road, Cambridge, CB4 0PP, United Kingdom. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the Bongofree.com website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. For any help with using Bongofree.com please see our help section.

Mobile Devices Terms

If you’re accessing Bongofree.com Services from a mobile device using a Bongofree.com Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Terms of Use.

Application Use. Bongofree.com grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.Bongofree.com.com website. Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. Bongofree.com owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Bongofree.com copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Bongofree.com Application.