Terms of use

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Terms of Use for Bonga (bonga.co.tz)

Welcome to Bonga (“we”, “us”, “our”). These Terms of Use (“Terms”) govern your use of our services (the “Service”) via our website bonga.co.tz and any associated applications, portals or tools (collectively the “Platform”). By registering an account or otherwise using the Service you agree to be bound by these Terms.

1. Applicable Law & Regulatory Compliance

  1. You agree to comply with all applicable laws, regulations and regulatory requirements governing electronic communications, data protection and online content in the United Republic of Tanzania (and any other jurisdiction where you operate).

  2. We reserve the right to suspend or terminate your access to the Service if we receive a complaint or notice from a network operator, regulator or other relevant authority regarding your use.

2. Registration and Account Setup

  1. You must provide truthful, current, complete and accurate information when completing the registration and any required forms.

  2. We will assign you a username, and where relevant a sender identifier or other credentials, and notify you once your account is activated.

  3. You are responsible for maintaining the confidentiality of your credentials and for ensuring that any activity completed through your account complies with these Terms.

3. Use of the Service

  1. Once your account is active, you may access the Service through our Platform (web-interface, API, mobile application or otherwise).

  2. You shall only send messages to recipients who have expressly consented (“Consent”) to receive messages from you. You must maintain records of such consent and provide them to us on request.

  3. You must not send messages to recipients who have opted out or otherwise indicated they do not wish to receive your communications.

  4. In every message you send via our Service you shall clearly identify yourself, including your business or sender name, and provide a valid contact method.

  5. Unless agreed otherwise in writing, you may send as many messages per day as your account plan permits (or unlimited if your plan allows).

  6. You understand that recipients retain the right to opt-out of further messages, and that we are not responsible for any loss of opportunity or revenue you may experience when a recipient exercises that right.

4. Prohibited Uses

  1. You agree not to use the Service in any of the following ways:

    a) In violation of any law, regulation or the rights of any third party (including intellectual property or privacy rights);

    b) To upload, send, reuse or distribute any material that is abusive, harassing, indecent, defamatory, obscene, threatening, incites hatred or violence, or is otherwise objectionable;

    c) To transmit malicious code (viruses, worms, Trojan horses), or in any way that may impair or interrupt the Platform or other users’ access;

    d) In a way that, in our reasonable opinion, may have a materially detrimental effect on our business, reputation or the functionality of the Platform;

    e) To send international messages via routes or gateways that are not authorized or properly licensed (if applicable), or to operate outside of your registered entity’s jurisdiction without our prior written consent.

  2. We reserve the right to suspend or terminate your access to the Service (in whole or in part) immediately, without notice, if we reasonably believe you are in breach of these Terms.

5. Payment and Plans (if applicable)

  1. If your use of the Service involves prepaid credits or subscription plans, you agree to pay all applicable charges in the currency and according to the payment terms specified in your account.

  2. All credits or subscriptions once purchased are non-refundable unless expressly stated otherwise in your specific agreement with us.

6. Intellectual Property

  1. The Platform, all underlying software, documentation, trademarks and other intellectual property rights remain our exclusive property (or the property of our licensors).

  2. You are granted a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms and solely for your permitted business uses.

  3. You may not modify, adapt, translate, reverse engineer, decompile or create derivative works from the Platform unless permitted in writing by us.

7. Disclaimer of Warranties and Limitation of Liability

  1. We provide the Service on an “as-is” and “as-available” basis. We do not guarantee uninterrupted or error-free service, and we disclaim all warranties (express or implied) to the extent permitted by law.

  2. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special or consequential damages (including loss of profits, data, or business opportunity) arising from your use of or inability to use the Service.

  3. Our total liability to you for direct damages arising out of or related to these Terms or the Service will be limited to the amount you have paid us in the prior 12 months (or, if none, US$100 or equivalent) unless otherwise agreed in writing.

8. Termination and Suspension

  1. We may suspend or terminate your account and access to the Service immediately for cause, including breach of these Terms or regulatory notice.

  2. Upon termination, your right to access the Service will cease, and any outstanding fees and obligations will survive. You must cease all use of the Platform and delete any downloaded software or copies.

9. Data Privacy

  1. We will collect and process personal data about you and any recipients as described in our Privacy Policy, a copy of which can be found [link to Privacy Policy].

  2. You warrant that any data you upload or transmit using the Service complies with applicable data protection laws and you are responsible for obtaining any consents or legal basis for that processing.

10. Amendments

  1. We may revise these Terms from time to time (for legal, regulatory, operational or business reasons).

  2. When we make changes, we will post the updated Terms on the Platform and update the “Effective Date”. Your continued use of the Service after the changes are posted constitutes your acceptance of the revised Terms.

  3. If you do not agree to the revised Terms, you must stop using the Service and terminate your account.

11. General Provisions

  1. These Terms constitute the entire agreement between you and us regarding the Service, superseding all prior agreements or communications between you and us.

  2. If any provision of these Terms is held invalid or unenforceable, that provision shall be deemed modified to the extent necessary to make it enforceable, and the remainder of the Terms shall continue in effect.

  3. The failure of us to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

  4. You may not assign or transfer your rights or obligations under these Terms without our prior written consent (and any attempt to do so is void). We may assign or transfer our rights or obligations at any time without your consent.

  5. These Terms will be governed by and construed in accordance with the laws of the United Republic of Tanzania. You and we irrevocably submit to the non-exclusive jurisdiction of the courts of Tanzania.


Contact Us:

If you have any questions about these Terms, please contact us at: https://bonga.co.tz/contact