TERMS & CONDITIONS

Last updated on 1 September 2015

By using or reading any pages on www.michongo.co.tz, wwww.michongo.co.tz (collectively, "Sites"), you agree to the terms and conditions contained therein, namely, the Web Order Terms, Website Terms and Privacy Policy (collectively, "Terms & Conditions"). If you do not agree, you should not use the Sites.

Web Order Terms

 

 

I. APPLICABLE TO ALL KINDS OF USERS - COMPANIES AND PERSONS.

IMPORTANT NOTICE – PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT AVAILABLE ON OR THROUGH THE SITE.  THE SITE, AND ALL SERVICES, SOFTWARE, AND CONTENT AVAILABLE ON OR THROUGH IT, ARE FOR YOUR PRIVATE AND NON-COMMERCIAL USE ONLY.  YOU MAY NOT SELL, AUCTION, ALTER, DUPLICATE, TRANSFER, DISTRIBUTE OR OTHERWISE USE IN A COMMERCIAL MANNER THE SERVICES, SOFTWARE, OR CONTENT (INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS AND DEALS).  BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE AND ITS SERVICES. MICHONGO.CO.TZ RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE, AT ANY TIME. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO ALL SUCH CHANGES.

Michongo.co.tz (“The Site” or “Michongo”) is provided by Dudumizi Technologies Ltd., with address at Nyuki House 2nd Floor, Tegeta Nyuki, Dar es Salaam, Tanzania. www.michongo.co.tz The Site includes, without limitation: (a) all websites, subdomains, and microsites owned or managed directly by Dudumizi Technologies Ltd., and all services offered on or through such sites (“Services”); (b) all software offerings and applications owned by Dudumizi Technologies Ltd. and made available on or through the Site (“Software”); and (c) all data, text, images, photographs, graphics, audio, video, deals, coupons, and documents including, without limitation, marketing materials, press releases, white papers, product data sheets, and other information and content available on or through or submitted on or through the Site (“Content”).

OTHER TERMS

Some areas of the Site may have additional rules, guidelines, license agreements, or other terms and conditions that apply to your access and/or use of that area of the Site and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between these Terms of Use and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Site.

Due Michongo’s service could be given in different countries, this Terms of Use can be presented in any other language, including Swahili. Therefore for any discrepancy between languages, English and Swahili will govern over any other language.

A. YOUR ACCEPTANCE

This is an agreement between Dudumizi Technologies Ltd., a Tanzanian corporation (“Dudumizi Technologies”), the owner of the websitewww.michongo.co.tz (“The Site” “Michongo”), the Michongo software and Michongo the App (collectively, including all content available through the Michongo the App and Michongo.co.tz the Site, the “Michongo.co.tz Service”, or the “Service”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND Michongo.co.tz PRIVACY POLICY, WHICH CAN BE FOUND AT www.michongo.co.tz/Terms of Service, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, you may not use the Service.

B. MICHONGO SERVICE

1. COST OF THE SERVICE

·         To the Smartphone users: The users of the Michongo Application (The App for Smartphones), will be able to download the App and use it for free until new notice to all users opportunely.

·         To the Companies: The costs of the service will be published, available into the website www.michongo.co.tz. Michongo reserves the right to make changes in these costs of service without notice to the companies and those changes will apply to the new contracts of services.

2. CONTENT

All Content, including without limitation, any advice, recommendation or opinion, deals or coupon, grocery product, recipe, drug, and health information is provided on or through the Site for informational purposes only, and should not be construed to indicate that any such Content is endorsed by Michongo, nor is there any representation or warranty by Michongo that the Content is reliable, accurate, timely, complete, effective, or safe for your use. Always consult your medical professional regarding any health or medical condition and before using any medical product or any over-the-counter drug.  YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION WITHIN THE CONTENT OR PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.

3. USER CONTENT

Michongo may permit registered users to post content to the Site, including comments, photos, videos, and other materials (“User Content”). You understand and agree that Michongo does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Michongo arising from or relating to User Content.

4. THIRD PARTY CONTENT

As a convenience to users, the Site contains links to independent third-party web sites (“Third Party Sites”). You understand and agree that Michongo makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites. These Terms of Service apply to all users of the Michongo Service. The Michongo provided status information may contain links to third party websites that are not owned or controlled by Michongo. Michongo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Michongo will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Michongo shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

5. DISCLAIMER

THE SITE (WHICH INCLUDES ALL SERVICES, SOFTWARE, AND CONTENT ON OR AVAILABLE THROUGH IT) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MICHONGO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. FURTHER, MICHONGO MAKES NO WARRANTY THAT: (A) THE SITE, WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, TIMELY, OR RELIABLE; OR (D) THE QUALITY OF THE SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITE. MICHONGO SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE OR ANY THIRD PARTY SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SERVICE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MICHONGO OR THROUGH OR FROM THE SITE, SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.  MICHONGO SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR MADE AVAILABLE THROUGH THE SITE, SERVICES OR SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY MEDICAL, TRADING, INVESTMENT OR OTHER DECISIONS BASED ON SUCH INFORMATION.

C. MICHONGO ACCESS

1. Subject to your compliance with these Terms of Service, Michongo hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without Michongo’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.

2. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide to Michongo with your phone number. When providing your phone number, you must provide accurate and complete information. You hereby give your express consent to Michongo to use your phone number you provide for use in providing you access and use of the Service. You may never use another person’s phone number without their permission. You are solely responsible for the status message that is displayed for your phone number. You must notify Michongo immediately of any breach of security or unauthorized use of your phone. Although Michongo will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Michongo or others due to such unauthorized use.

3. Michongo does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Michongo will remove all Content and User Status Submissions if properly notified that such Content or User Status Submission infringes on another’s intellectual property rights. Michongo reserves the right to remove Content and User Status Submissions without prior notice.

4. Michongo may also terminate a user’s access to its Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Status Submission removed from the Website more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Michongo employees, agents, subagents or representatives with authorization for these actions.

5. You understand that when using the Michongo Service you will be exposed to User Status Submissions from a variety of sources, and that Michongo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Status Submissions, and that such User Status Submissions are not the responsibility of Michongo.

6. Michongo permits you to link to materials on the Service for personal purposes only. Michongo reserves the right to discontinue any aspect of the Michongo Service at any time.

D. WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NONE OF MICHONGO, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR (B) THE ACCURACY, COMPLETENESS OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, WITHOUT LIMITATION, SERVICE PROVIDER OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF SERVICE PROVIDER OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE SITE, SERVICE PROVIDER OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, MICHONGO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE OR THE SERVICE PROVIDER OFFERINGS, PRODUCTS OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, , THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, SERVICE PROVIDERABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

E. LIMITATION OF LIABILITY

IN NO EVENT SHALL MICHONGO, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SERVICE PROVIDERS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFIT, LOST BUSINESS, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY TO YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE SERVICE PROVIDER OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES OTHER THAN SERVICE PROVIDER OFFERINGS PURCHASED OR OBTAINED FROM A SERVICE PROVIDER; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL MICHONGO’S LIABILITY IN CONNECTION WITH A SERVICE PROVIDER OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT OR SERVICE. TOTAL AGGREGATE LIABILITY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH (A)-(G) ABOVE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. The Service is controlled and offered by Dudumizi Technologies Ltd. from its facilities in Tanzania. Dudumizi Technologies Ltd. makes no representations that the Michongo Service is appropriate or available for use in other locations. Those who access or use the Michongo Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

F. INDEMNITY

You agree to defend, indemnify and hold harmless Michongo, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Michongo Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim for damage caused by you to a third party for your use of and access to the Michongo Service. This defense and indemnification obligation will survive these Terms of Service and your use of the Michongo Service.

G. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the Michongo Service is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the Michongo Service. We don’t support or encourage illegal consumption of alcohol or tobacco, nor the sales of guns fire, legal or illegal.

H. ASSIGNMENT

These Terms of Service, and any rights and licenses granted here under, may not be transferred or assigned by you, but may be assigned by Michongo without restriction.

I. GENERAL

You agree that: (i) the Michongo Service shall be deemed solely based in Tanzania; (ii) the Michongo Service shall be deemed a passive server that does not give rise to personal jurisdiction over Michongo, either specific or general, in jurisdictions other than Tanzania; and (iii) that you agree to subject to the jurisdiction of Tanzania in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of Tanzania, without respect to its conflict of laws principles. Any claim or dispute between you and Michongo that arises in whole or in part from the Michongo Service shall be decided exclusively by a court of competent jurisdiction located in the city of Dar es Salaam, Tanzania. These Terms of Service, together with the Privacy Notice at www.michongo.co.tz Terms of Service and any other legal notices published by Michongo, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and Michongo concerning the Michongo Service.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Michongo’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Michongo reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. Your use of the Michongo Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

 

II. APPLICABLE TO ALL COMPANIES USERS OF THE SITE

A. USE OF THE SITE 

Access to and use of password protected or secure areas of the Site is restricted to authorized or registered users only. You agree that you will not share your password(s), account information and access to the Site. You are responsible for maintaining the confidentiality of your password(s) and account information, and you are responsible for all activities that occur using your password(s) or account(s) and/or as a result of your use or access to the Site. You agree to notify us immediately of any unauthorized use of your password(s) or account(s). You agree that Michongo.co.tz will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Michongo.co.tz or another due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

B. ADDITIONAL RESPONSIBILITIES

You agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Site, and (b) maintain and promptly update information about yourself and your company to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Michongo.co.tz has reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these Terms of Use, Michongo.co.tz has the right to suspend or terminate your account and refuse any or all current or future use of the Site (or any portion thereof).

C. USE OF SOFTWARE

Your use of Software is subject to these Terms of Use and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, “EULA Terms”). In the event that Software is provided on or through the Site and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) The Software may be used solely for your personal and noncommercial purposes; (b) You may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) You may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) You may not modify, alter, or create derivative works of the Software; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.

D. SERVICES

Michongo.co.tz may change the Services offered on or through the Site at any time without notice. Michongo.co.tz makes no representation that the Site is available for use in your location, and a reference to Services within the Site does not imply that the Services will be available to you and/or in your location.

E. USER CONTENT

    1. Michongo.co.tz may permit registered users to post content to the Site, including comments, photos, videos, and other materials (“User Content”). You understand and agree that Michongo.co.tz does not review User Content prior to posting and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Content. You acknowledge that you may see User Content on the Site that you find inaccurate, offensive, indecent, or objectionable; and you agree to, and hereby do, waive any legal or equitable claims, rights, or remedies you may have against Michongo.co.tz arising from or relating to User Content.

    2. If you choose to post User Content, please be aware that your User Content and your public account profile (e.g., your name and any photo submitted through the registration process) will be available to the public. If you register with us via a third party account such as Facebook, Google+, Twitter, your products and services/Deals profile may link to your public profile at that account as well. You should therefore only post User Content you are comfortable sharing under these Terms of Use.

    3. You are solely responsible for your User Content and the consequences of posting your User Content to the Site. You represent and warrant that you own or have the necessary licenses, rights, consents, permissions, and releases to publish or perform User Content you post and to grant Michongo.co.tz the licenses and rights set forth in these Terms of Use.

    4. You retain all rights in and to the User Content you post to the Site. However, by posting User Content to the Site, you hereby grant Michongo.co.tz a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable, worldwide right and license to reproduce, prepare derivative works of, distribute, publicly perform, publicly display, adapt, broadcast, communicate and otherwise use your User Content (including any copyright, trademark, publicity, or other proprietary rights therein and thereto) in whole or in part, for any purpose, including without limitation in connection with the Site and Michongo’s business, marketing or promotional purposes, and/or for syndicating User Content, promoting or redistributing part or all of the Site (and derivative works thereof) in any website, online application, mobile application, social media channel, or other medium now known or later developed. You also hereby grant Michongo.co.tz a perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with your User Content and any derivative works thereof. To the extent permitted by law, you hereby waive any moral rights you may have in or to your User Content.

    5. Michongo.co.tz may use User Content to promote or advertise the Sites or Services or the products and services of affiliates, advertisers and other third parties (collectively “Promotions”). By posting User Content, you agree that Michongo.co.tz shall have the perpetual, nonexclusive, royalty-free, transferable, sublicenseable, irrevocable worldwide right and license to use your name, likeness, photograph, image, voice, and statements in connection with such Promotions.  You agree that you are not entitled to any compensation if your User Content, including without limitation, your name, likeness, photograph or image is adjacent to or included with advertisements, promotions, coupons, deals or other information, or otherwise used to promote the products and services of Coupons or any other company or product that is addressed in your User Content.

    6. You agree not to post any User Content that:

·        violates a third party’s copyrights, trade secrets, trademarks, privacy rights, publicity rights, or other intellectual or proprietary rights;

·         you do not have the right to disclose under any law, contractual obligation, or fiduciary relationship;

·         violates, or encourages conduct that violates, laws or regulations;

·          is fraudulent, false, misleading, or deceptive;

·          is sexually explicit, pornographic, obscene, defamatory, libelous, threatening, harassing, hateful, discriminatory, racially or ethnically offensive,                     abusive, violent, humiliating to or bullying of other people, or otherwise inappropriate, as deemed by Michongo.co.tz in its sole discretion;

·          may create a risk of harm, loss, emotional distress, or physical or mental injury to yourself, any other person, or any animal;

·          is harmful to or exploitive of children, or that includes images or videos of children without first obtaining the consent of their parent or guardian;

·         sends spam, surveys, unsolicited advertising or promotional materials, or chain letters;

·         contains or links to any material that contains software viruses, corrupted files or any other similar software, files, or programs that may damage or           adversely affect the operation of the Site, the Services, or the computer or systems of another user;

·           Impersonates another person or entity.

7. Michongo.co.tz reserves the right but not the obligation to remove any User Content and/or to terminate, deactivate or suspend a user account without notice for any reason or no reason, including without limitation our belief that User Content violates these Terms of Use.

F. THIRD PARTY CONTENT

As a convenience to users, the Site contains links to independent third-party web sites (“Third Party Sites”). You understand and agree that Michongo makes no representation or warranty regarding, and shall have no responsibility or liability for, the accuracy, quality, content, nature or reliability of such Third Party Sites, any information or material on or available through such Third Party Sites or the privacy policies or practices of such Third Party Sites.

G. FEEDBACK

All comments or materials submitted by you to Michongo.co.tz through the Site, including without limitation, feedback, testimonials, images, reviews, questions, comments, ideas, or suggestions (collectively, “Feedback”) shall be received and treated by Michongo.co.tz on a non-confidential and unrestricted basis. Further, Michongo.co.tz shall be free to use, copy, display, perform, distribute, adapt, and promote, in any medium now known or later developed, without compensation to you, the Feedback along with all ideas, concepts, know-how, techniques or methodologies contained in such Feedback, for any purpose whatsoever, including without limitation, developing, marketing and selling products and/or services incorporating such Feedback. You agree that in submitting Feedback, it will not violate these Terms of Use or any right of any third party, including without limitation, any confidentiality, copyright, trademark, privacy or other personal or intellectual property or proprietary rights, and will not cause injury to any person or entity. You further agree that no Feedback you submit will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain viruses, commercial solicitations, or any form of “spam”. Michongo.co.tz may, in its sole discretion, remove any Feedback you submit to the Site that in its opinion breaches these Terms of Use or any applicable law, or is otherwise objectionable.

H. OWNERSHIP

Except for User Content, all right, title and interest in and to the Site, including but not limited to the design, selection, arrangement, and “look and feel” of Content, are and shall remain the intellectual property and copyrighted works of Michongo.co.tz and/or its licensors, and all rights not expressly granted to you with respect to the Site and Content shall be expressly reserved. You may not use or frame any Michongo.co.tz name, trademark, logo or other proprietary materials, including images posted on the Site, the Content of any text or the design of any page, or form contained on a page, without Michongo’s express prior written consent. Except as expressly stated in these Terms of Use, neither the Site, nor any part thereof, may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or distributed in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Michongo.co.tz. Notwithstanding the foregoing, Michongo.co.tz may permit users to share specific Content by making a button, widget or other such tool available for the express purpose of sharing such Content on a social media channel such as Twitter, Google+, or Facebook.

I. SYNCING

If the Software you use allows for the transfer and/or syncing of content and/or data provided or made available, including location or shopping list data, you understand and accept that by activating the applicable Software feature, it will require that Michongo.co.tz capture, collect, transmit, store, and use such content and/or data.

J. LIMITATION OF LIABILITY

IN NO EVENT SHALL MICHONGO AND ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, SOFTWARE, OR CONTENT PROVIDED ON OR THROUGH THE SITE, EVEN IF MICHONGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF MICHONGO AND ITS LICENSORS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ASSOCIATED WITH ANY CLAIM ARISING OUT OF OR RELATING TO USE OR ACCESS TO THE SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY.

K. INDEMNITY

You agree to defend, indemnify and hold Michongo and its officers, directors, employees, agents and affiliates harmless from any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), arising out of or relating to your use of the Site.

L. TERMINATION

Michongo has the right, but not the obligation, to monitor any activity on the Site. Michongo may, without notice to you: (a) disclose information from the Site to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that disclosure is justified or required, or in an emergency situation; (b) investigate any reported violation of its policies and complaints, and take any action it deems appropriate at any time, including without limitation, suspension or termination of your account and/or access to and/or use of the Site; and (c) in its sole discretion and at any time, discontinue providing or limit access to the Site or any areas of the Site.

M. COMPLIANCE WITH LAWS

You agree not to use the Site in violation of any applicable law, rule, or regulation or any third party right (including but not limited to intellectual property rights). You agree to comply with all export laws, restrictions, and regulations of Tanzania and every country in where the Site has operations.

III. COPYRIGHT & TRADEMARK

Michongo’s policy is to respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act and to respond to allegations of trademark infringement in accordance with our trademark policy. For more information, please read our Michongo/Copyright & Trademark Policies, the terms of which are incorporated by reference in their entirety.

Copyright © 2017 Michongo. All Rights Reserved. The Michongo logo is a registered trademark of Dudumizi Technologies Ltd. All other trademarks, logos and service marks that may be provided as part of the Services or that are featured on the Site are the property of Dudumizi Technologies Ltd. or their respective owners.

IV. CONTACT INFORMATION.

If you have any questions regarding these Terms of Use, please contact us at  This email address is being protected from spambots. You need JavaScript enabled to view it. or by mail at: Dudumizi Technologies Ltd.,  2nd floor, Nyuki House, Tegeta Nyuki, Dar es Salaam, Tanzania.

Last updated: January 9th 2017.

 

Michongo – Copyright and Trademark Policies

Michongo (Michongo.co.tz the Site and Michongo the App) takes allegations of copyright or trademark infringement seriously and will respond expeditiously to claims of infringement in accordance with the procedures below.  Michongo reserves the right to remove or disable access to allegedly infringing Content from the Site and to terminate or disable a user’s account or access to the Site if it determines, in its sole discretion, the user is a repeat infringer.  All capitalized terms herein shall have the same meanings as given them in the Terms of Service.

I. COPYRIGHT.

If you are a copyright owner or its agent and believe that any Content infringes your copyright(s), please submit a notice pursuant to the Michongo’s Copyright Legal Representative with the following information in writing:

·         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

·         Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by the notification, a representative list of such works;

·         Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Michongo to locate the material;

·         Information reasonably sufficient to permit Michongo to contact you, such as an address, telephone number and, if available, an email address;

·         A statement that you have a good faith believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

·         A statement that the information in the notification is accurate, and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you are a user whose User Content was removed (or to which access was disabled) due to us. Please make sure you understand the legal consequences of submitting a counter-notice before you do so.  If you decide to proceed, the counter-notice should contain the following information:

·         Your physical or electronic signature;

·         Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

·         A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

·         Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located, or if you live outside of Tanzania, for any judicial district court in which Michongo is located, and that you will accept service of process from the person who provided the original notification of the alleged infringement or its agent.

Please send us your notices and/or counter-notices, writing at

Address:  2nd floor, Nyuki House, Tegeta Nyuk, Dar es Salaam, Tanzania.

EmailThis email address is being protected from spambots. You need JavaScript enabled to view it.

 

II. TRADEMARK

If you are a trademark owner or its agent and believe that any Content infringes your trademark(s), please email your claim to This email address is being protected from spambots. You need JavaScript enabled to view it.. Michongo will review your claim and respond as it deems appropriate, which may include temporary or permanent removal of the allegedly infringing Content from the Site.

 Last updated: September 1st. 2015.

 

 

 

Contact us

  • Nyuki House, Bagamoyo Road, Tegeta Nyuki
  • Telephone: (+255) 768- 816728
  • E-mail: info@michongo.co.tz
No Internet Connection