Kupatana.com is a website & Apps designed, developed, hosted, promoted and maintained by Kupatana AB (hereafter referred to as Kupatana).
ACCEPTANCE OF TERMS
Copyright © Kupatana 2014 All Rights Reserved. No part of this website may be reproduced without Kupatana´s express consent. Commercial use and distribution of the contents of the website is not allowed without express and prior written consent of the author. Sharing of individual content pages via social media and backlinks to content is allowed
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (hereinafter referred to as “the Content”) posted on, transmitted through, or linked to kupatana Website and apps are the sole responsibility of the person from whom such Content originated. If you post/submit content, you understand that you are entirely responsible for each individual item of Content that you post, email or otherwise make available on the kupatana Website and apps. Furthermore, Content available through the kupatana Website and apps may contain links to other websites, which are completely independent of Kupatana. Kupatana makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in the site. As a site user, you agree that you must evaluate, and bear all risks associated with the use of any Content found on the site, that you may not rely on, and that under no circumstances will Kupatana be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Kupatana Website or Apps. Kupatana shall have the right in its sole discretion to refuse, delete or move any Content on the Website, for violating the letter or spirit of the TOU. Scams, false advertising, inaccurate or misleading pricing, false representations of any kind and related behavior is not accepted. When identified by Kupatana staff or reported by site users, such Content will be deleted from the site and the account from which the Content originated will be blacklisted and prevented from posting additional Content in the future.
You agree NOT TO post, list, email, or otherwise make available any content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
- that is political in way shape or form, expressing political views for or against any political party, government or their representatives. We will remove any ads and report the proper authorities;
- that is pornographic or depicts a human being engaged in actual sexual conduct;
- that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that violates the laws of the United Republic of Tanzania, including but not limited to employment law;
- that impersonates any person or entity, including, but not limited to, a Kupatana employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person's explicit consent;
- that is false, deceptive, misleading, deceitful, misinformative;
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- that constitutes or contains 'link referral code,' 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or unsolicited commercial advertisement;
- that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
Additionally, you agree not to:
- post the same item or service in more than one classified category;
- attempt to gain unauthorized access to kupatana´s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the kupatana Website or Apps; or
- use of any form of automated device or computer program that enables the submission of postings on the Website without Kupatana´s express consent.
PAID VS. FREE POSTINGS
Listings on kupatana.com and apps are either free or paid for. A free ad will be automatically be removed after seven (7) days, whereas the paid/premium ads are automatically removed after thirty (30) days. The paid/premium ad is always before the free ad, gives more exposure, is re-targeted on other sites and gives a much higher chance of receiving offers than the free ad. The paid/premium ad can also be boosted back to the top. When a fee is applicable, the user will be prompted to pay the fee online before through Tigopesa, M-pesa or Pesapal (Visa, Mastercard). All fees paid will be non-refundable. If there is a technical problem where your money has been drawn but you have not been given a Premium ad, you contact customer service and we will check in our system and upgrade manually. In the event that the Content is removed from the Site for violating the TOU, or the account holder terminates the featured listing prior its expiration date there will be no refund. Current prices are:
5,000 TSH for vehicles & properties
1,500 TSH for all other categories
1,000 TSH to boost the ad back to the top of listing
Kupatana had the right at its sole discretion to change prices without any prior notice..
SMS AND EMAIL
By using the platform you agree that potential buyers can contact you through phone, sms or email. You also agree for Kupatana to communicate with you via sms or email. You will receive sms or email when verifying your account and sms or email with information when your ad will expire from the Kupatana platform. Kupatana holds the right to send sms or email when changes are made or any other information relating to your account with Kupatana.
LIMITATIONS ON SERVICE
You acknowledge that Kupatana may establish limits concerning use of the Website, including the maximum number of days that Content will be retained by the Website, the maximum number and size of postings or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that Kupatana has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that Kupatana reserves the right at any time to modify or discontinue its service (or any part thereof) with or without notice, and that Kupatana shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services rendered by the Website. The Services provided by the Website may be temporarily unavailable from time to time for maintenance or other reasons for which Kupatana shall not be held responsible.
TERMINATION OF SERVICE
You agree that Kupatana in its sole discretion, has the right to delete or deactivate your account, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Kupatana believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Kupatana shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after the said termination.
DISCLAIMER OF WARRANTIES
You agree that use of Kupatana website or Apps is entirely at your own risk. The postings on the website are provided on an 'as available' basis, without warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Kupatana disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Kupatana website. Kupatana disclaims any warranties for other services or goods received through or advertised on the Kupatana website or accessed through any links on the Kupatana website. To the fullest extent permitted by law, Kupatana disclaims any warranties for viruses or other harmful components in connection with the Kupatana website.
LIMITATIONS OF LIABILITY
Under no circumstances shall Kupatana be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Kupatana has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, whether the damages arise from use or misuse of the website, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised on the website or any links on the website, as well as by reason of any information or advice received through or advertised in connection with the website or any links on the website. These limitations shall apply to the fullest extent permitted by law.
You agree to indemnify and hold Kupatana, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Website, your use of our Services, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
VIOLATION OF TERMS
Website users are encouraged to report violations of these TOU by clicking the “Report this Ad” link available on all listing content pages or by contacting us at the phone numbers or email links. Kupatana's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Kupatana is committed to protecting its users' privacy. We do not give, sell, share or disclose information about your individual visits or personal information that you may provide such as your name, address, email address or telephone number, to anyone outside kupatanaa.com for any reason whatsoever EXCEPT when required by law, or with the user's express permission. For protecting the personal information submitted to us, we ensure that our standards are fully in line and compatible with the generally accepted industry standards and best practices. All the data on the Website is stored on a secure server with Amazon. Nevertheless, it is also admitted that no method of transmission over the Internet, or electronic storage methods are completely secure.