Terms of Use / User Agreement
For our Booking Terms and Conditions, which are the terms and conditions that apply when you make any bookings via our Platform, please click here.
These terms of use cover your use, of our website www.bidhaa.net ("Website"), our mobile applications (the "App"), and Bidhaa Technologies services (collectively the "Bidhaa Platform"). Please read them carefully before you start to use the Bidhaa Platform, as they apply to your use of the Bidhaa Platform. By using the Bidhaa Platform, you confirm that you accept these terms, including the terms of our Privacy and Cookies Policy, and that you agree to comply with them. If there is anything you do not agree with, please do not use the Bidhaa Platform. If there is anything you do not understand, please contact us.
1. Introduction
a. The Bidhaa Platform is provided by Leted Company Limited, a company incorporated in the United Republic of Tanzania under registration number 150925908 ("Bidhaa", "we" or "us") to you, as a user of the Bidhaa Platform.
b. We have set the terms under which we are providing you with access to the Bidhaa Platform and any services we offer from the Bidhaa Platform (“Terms and Policies").
c. We may change our Terms and Policies from time to time, in which case up to date versions of such Terms and Policies will be available via the Bidhaa Platform. You should check these Terms and Policies regularly to ensure that you are agree to any changes.
2. Access to the Bidhaa Platform
a. Access to the Bidhaa Platform is permitted on a temporary basis. We reserve the right to withdraw or amend the Bidhaa Platform (and any services offered on it) without notice to you. We reserve the right to withdraw, vary or suspend the Bidhaa Platform (or any part of it) at any time without notice. We will not be liable if for any reason the Bidhaa Platform or any part of it is unavailable at any time or for any period.
b. You are responsible for making all arrangements necessary to access and view the Bidhaa Platform, and you should ensure that you have up to date anti-virus software on any device from which you access the Bidhaa Platform. You are also responsible for ensuring that all persons accessing the Bidhaa Platform through your internet connection are aware of these Terms of Use.
c. Materials and information posted on the Bidhaa Platform are not intended as advice, including legal advice, and should not be relied upon as such. To the fullest extent permitted by law, we shall not be responsible or liable if you place any reliance on such information.
d. You must not:
(i) Use the Bidhaa Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent;
(ii) Advertise or offer to sell any goods or services for any commercial purpose, or solicit employment or contract work which is not relevant to the services offered through the Bidhaa Platform;
(iii) Solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the Bidhaa Platform without express written permission from us;
(iv) Introduce viruses, Trojans, worms, logic bombs, time bombs, keystroke loggers, spyware/adware or any other program or code which adversely affects (or is intended to adversely affect) the operation of any computer software or hardware;
(v) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Bidhaa Platform, its servers or any connected networks or attempt to do any of the foregoing;
(vi) Gain, or attempt to gain, unauthorized access to the server on which the Bidhaa Platform is stored, or any server, computer or database connected with the Bidhaa Platform; or
(vii) Attack the Bidhaa Platform via a denial-of-service attack or a distributed denial-of-service attack.
e. If you breach these Terms of Use, your right to use the Bidhaa Platform will cease immediately.
3. Your Account
a. Some functionality of the Bidhaa Platform may require a Bidhaa registered account ("Account") to access. If you are aged 18 or over, you may register to create an Account, which will require you to provide certain personal data, which must be true, accurate, current and complete, and will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy. Access to your Account will be controlled with a unique username and password. You are responsible for keeping your Account password confidential and secure against unauthorized use, and for all activity that occurs using that Account.
b. We reserve the right to refuse to grant you an Account, or to cancel your Account, at any time, including if in our reasonable opinion, you have failed to comply with any provision of our Terms and Policies.
c. If you know or suspect that anyone other than you knows how to access your Account, you must change your Account password and contact us immediately.
d. Your privacy is important to us. Please see our Privacy and Cookies Policy for details of how we will process your personal data, where it is provided to us, and how we will use cookies.
g. Text Messages and Phone Calls. By providing your phone number and using the Bidhaa Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the Bidhaa Platform.
4. Submission Areas
a. The Bidhaa Platform has some areas where you may communicate with other users of the Bidhaa Platform and with Bidhaa, such as blogs, message boards, opportunities to provide reviews and/or other message or communication facilities. Any material which is posted to the Bidhaa Platform ("User Content") through your Account will be attributed to you, and you are personally responsible for it. Some areas in the Submission Areas within the Bidhaa Platform will be public and Bidhaa will not be responsible for any information or materials posted in such public areas. Bidhaa may, in its discretion, publicly post submissions you submit to a non-public area of the Bidhaa Platform.
b. We reserve the right to refuse to publish any User Content, or to remove or suspend access to such User Content if it does not comply with these Terms of Use, including the Acceptable Content warranty below. We will not be responsible for any loss or damages arising from our decision to exercise our rights under this clause.
c. Views and opinions expressed in any User Content are those of the individual submitting that content. They are not our views and opinions and we do not accept responsibility for them. However, if you find any User Content on the Bidhaa Platform that you consider is in breach of the Acceptable Content warranty below, please notify us by emailing bidhaa@leted.co.tz using the subject heading "Unacceptable Content", setting out details of the User Content and where it can be found. We will endeavour to investigate promptly.
d. If you do not comply with the Acceptable Content warranty, or if any of your User Content causes us concern, we reserve the right to pass on that User Content to the relevant authorities. If a third party claims that your User Content infringes their rights, we reserve the right to disclose your identity to that third party (or their legal counsel).
e. You hereby grant to us the non-exclusive, irrevocable, transferrable and sub-licensable, royalty-free permission to use, reproduce and publish your User Content (including the right to alter, adapt, amend or change your User Content) in any media or format anywhere in perpetuity and without restriction.
5. Acceptable Content
You represent and warrant that your User Content:
a. does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
b. is not threatening, abusive or intimidating, or provided with an intent to harass any other person;
c. does not infringe anyone elses rights, including any intellectual property rights or right of confidentiality or privacy; in particular, the User should not submit content which is protected by copyright, trade mark, patent, trade secret, moral right, or any other proprietary right without the express consent of the owner of the respective right;
d. complies with all applicable laws;
e. does not contain any material which is defamatory, invades the privacy of any person, is obscene, offensive, or hate speech;
f. does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
g. is accurate and representative of your genuinely-held opinion where it states opinions – for example, in reviews;
h. does not misrepresent your identity or affiliation with any person, or falsely give the impression that such content comes from someone else;
i. does not contain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertisement commercial or otherwise;
j. does not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and
k. does not feature any individual who has not expressly consented to his or her image and/or voice being featured on the Bidhaa Platform, nor any individual under the age of 18 without the consent of that individuals parent or guardian;
and you agree that you are responsible for any loss or damage we may suffer as a result of your breach of this warranty.
6. Intellectual Property
a. You may access, view and print out the Bidhaa Platform (excluding any User Content that does not belong to you) ("Bidhaa Platform Content") in accordance with our Terms and Policies for your own personal, non-commercial use. You may only print out or quote from the Bidhaa Platform Content on the condition that you give us appropriate acknowledgement.
b. Nothing in the above permission impairs or restricts any authors moral rights in respect of any Bidhaa Platform Content.
c. We expressly reserve all intellectual property rights in and to the Bidhaa Platform and the Bidhaa Platform Content, including in and to the Bidhaa Platform domain name and all related domains and sub-domains, the name "Bidhaa", our logo device, service marks, trading names and/or trademarks. Other trademarks and product/company names mentioned on the Bidhaa Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to them.
d. You must not:
(i) Remove any copyright or other proprietary notices contained in the Bidhaa Platform Content;
(ii) Use any Bidhaa Platform Content in any manner that may infringe any copyright, intellectual property right or other proprietary right of us or any third parties;
(iii) Use, or cause others to use, any automated system or software to extract Bidhaa Platform Content (so-called "screen scraping"), except in cases where you and any applicable third party has entered into a written agreement with us that expressly permits that activity; and/or
(iv) Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this Bidhaa Platform and/or the Bidhaa Platform Content for any commercial purpose, without our prior written consent by way of a written license agreement.
7. Linking
a. You may link to any page of the Bidhaa Platform, for non-commercial purposes provided that:
(i) you do so in a way that is fair and legal and which does not damage or take unfair advantage of our reputation;
(ii) any link does not contain or associate the Bidhaa Platform with any pornographic or illegal material, or any offensive material, harassing, or otherwise objectionable;
(iii) you do not do so in a way that suggests any form of association, approval or endorsement on our part where none exists; and/or
(iv) you do not do so in a way that removes or obscures by framing or otherwise advertisements or copyright or other proprietary notices contained in the Bidhaa Platform,
b. We reserve the right to withdraw linking permission at any time without notice. If you would like to link to the Bidhaa Platform for commercial purposes, or otherwise than provided above, please contact us.
c. The Bidhaa Platform may contain links to third-party websites. If you decide to visit any third-party site, you do so at your own risk. We are not responsible or liable for the content, accuracy or opinions expressed in such websites or the standard of goods and/or services available through or on such websites. Unless expressly stated otherwise, links do not mean that we are, or the Bidhaa Platform is, affiliated or associated with such third-party sites.
d. Our communications with you may contain information sourced from third-party websites. We may also provide a link to the source website of such information. We do not accept responsibility or liability for any material supplied by or contained on any third-party website which is linked to our communications with you, or any use of personal data by such a third party. Your access to any linked third-party website is at your own risk, and our Terms and Policies will not apply to your browsing or interaction on any third-party site, so we recommend that you read that third-party websites terms and policies before proceeding.
8. The App / Mobile Devices
a. The Bidhaa Platform may allow you to access our services, download our Apps, upload content to the Bidhaa Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
b. You acknowledge that your use of the App is subject to any terms outlined in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
c. Bidhaa is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. Bidhaa reserves the right to terminate the use of the App or any other aspect of the Bidhaa Platform should you be using the App or the Bidhaa Platform with an incompatible or unauthorized device.
d. App Store Sourced Application
(i) Concerning an App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apples proprietary operating system software); and (ii) as permitted by the "Usage Rules" outlined in the Apple App Store Terms of Service. Bidhaa reserves all rights in and to the App not expressly granted to you under these Terms of Use.
(ii) You acknowledge and agree that (i) these Terms of Use are valid between you and Bidhaa only, and, that Apple is not a party to these Terms of Use other than as third-party beneficiary as contemplated below, and (ii) Bidhaa, not Apple, is solely responsible for the App Store Sourced Application and the Bidhaa Platform Content.
(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you to the App Store Sourced Application.
(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever to the App Store Sourced Application.
(v) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that solely as between Apple and Bidhaa, Bidhaa and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third partys intellectual property rights, you will not hold Apple responsible for the investigation, settlement and discharge of any such intellectual property infringement claims.
(vii) You acknowledge and agree that Apple, and Apples subsidiaries, are third-party beneficiaries of these Terms of Use for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use for App Store Sourced Applications against you as a third-party beneficiary thereof.
(viii) Without limiting any provisions of these Terms of Use, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
9. Our Liability
a. Nothing in our Terms and Policies shall affect your statutory rights, or exclude or limit our liability for death or personal injury arising through our negligence, fraudulent misrepresentation and/or anything else which cannot be excluded or limited by us under law.
b. We will not be liable under these Terms of Use for:
(i) Any loss or damage caused by us where there is no breach of a legal duty of care owed to you by us or by any of our employees, and such loss or damage is not a reasonably foreseeable result of any such breach;
(ii) Indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or opportunity); and/or
(iii) Any increase in loss or damage resulting from breach by you of any of these Terms of Use.
c. To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Bidhaa Platform. In particular, we do not represent or warrant that:
(i) The Bidhaa Platform Content is accurate or complete;
(ii) The Bidhaa Platform will be error-free, virus-free or free from other harmful components, or defects will be corrected. You must take your precautions in this respect. In any event, we will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer hardware, software, data or other proprietary material due to your use of the Bidhaa Platform.
d. The Bidhaa Platform is provided "as is", and we do not accept responsibility for any failure to maintain the Bidhaa Platform, including without limitation any inaccuracies or typographical errors.
10. Applicable Law
a. These Terms of Use are governed by laws of the United Republic of Tanzania.
b. We will try and solve any disagreements arising from or related to a visit to the Bidhaa Platform quickly and efficiently. If you are not happy with the way we deal with any such disagreement and you want to take court proceedings, you must do this in the United Kingdom.
Last updated: Jul 09, 2023
