TUPO TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use are the responsibility of Perspective Tanzania Limited T/A Tupo Group Buying (Tupo) and shall apply to all users of www.tupo.co.tz (the Website) including those visiting, buying and selling on the Website.


Tupo Group Buying (
Tupo"we" or usor our) owns and operates the Website, www.tupo.co.tz, the mobile versions and any sites we have now or in the future that reference these Terms and Conditions. By using the Site and Tupos services through the Site, you agree to these Terms and Conditions and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Policy, located at www.tupo.co.tz and you acknowledge that you will regularly visit the Terms and Conditions (defined below) to familiarize yourself with any updates. The Privacy Policy should be read together with these Terms and Conditions.


1.  DEFINITIONS AND OVERVIEW

“Content” –  Shall mean any software, data, information, pictures, graphics and other materials published or made available on the Website, including content generated by users and any third parties;


“Deal” – Shall mean the Services/Goods being offered by the Merchant at a discounted price and promoted through the Website;


“Deal / Voucher Expiry Date” – Shall mean the date on the Voucher when the promotional value of the Deal expires;


“Member/s” – Shall mean a user that has completed our registration process and created an account or purchased Vouchers on this Website;


“Merchant”  – Shall mean any participating seller, vendor, trader or dealer that has agreed to make services available to Members on this Website;


“Mobile Money” – Shall mean M-PESA, Airtel Money, Tigo Pesa and Z-Pesa;


“Offer”  – Shall mean placement of an order for the purchase of a Deal by a Member;


“Online Payment”  –  Shall mean payment through the internet including payment services such as Paypal, credit and debit card payment and mobile money;


“Services/Goods”  –  Shall mean any services/goods that are offered by the Merchant through the Tupo website;


“Third Party Content”  –  Shall mean Content supplied by a third party (including by the Merchant or other user);


“TZS” – Shall mean Tanzania Shillings being the currency of the United Republic of Tanzania;


“USD” – Shall mean United States Dollars being the currency of the United States of America;


“User/s”  –  Shall mean any person accessing the Website and shall include the use of ‘you’ and ‘I’; and


“Voucher/s” – Shall mean a uniquely coded docket that shall be generated electronically to Members upon purchase of a deal from the Website in order to redeem the Services or Goods in a Deal.


1.1. The Website shall offer Users discounted special prices for services or goods available that shall be for a limited time.

1.2. These Terms and Conditions shall govern all information, materials and services provided in the Website and any mobile applications of Tupo.

1.3. Prior to gaining access to the Services/Goods offered by the Website, an express confirmation shall be required by Users by clicking ‘I accept’ to these Terms and Conditions at the time of purchase.

1.4. By clicking ‘I accept’ you also agree to receive promotional advertisements via email and/or text messages about Deals on Services/Goods we believe may be of interest to you. You can opt out of receiving these communications at any time by clicking the unsubscribe link in the communication or following the process set out in the text message.

1.5. These Terms and Conditions are subject to statutory provisions in Tanzania and do not take away any rights and obligations of the Users.



2.  OPERATION OF THE WEBSITE

2.1. The Merchant remains the owner of the Services/Goods promoted on the Website and is solely responsible for ensuring the purchased Services/Goods are delivered as described on the Website.

2.2. Tupo is an agent and is responsible only for providing the Website as a platform to market, promote and sell the Services/Goods provided by the Merchant. This means that in addition to this Agreement, Members who purchase Service/Goods will have other contractual relationships with different legal entities when using the Website.

2.3. That upon accessing the Services/Goods on the Website, the Member enters into an agreement with the Merchant and the Merchant shall remain responsible at all times for claims, refunds or any matter that may arise in connection with the purchased Voucher or the advertised Deal.

2.4. For purposes of third party Services/Goods, the Member shall agree to be bound by the Terms and Conditions of such third party.



3.  PURCHASING A DEAL

3.1. By placing an order for a Deal, the Member makes an irrevocable and non-refundable Offer to purchase the Services/Goods that are the subject to the selected Deal in accordance with these Terms and Conditions and any other terms stated as applicable to the Deal.

3.2. Once a Deal is confirmed, no refunds or exchanges will be given unless where required by law.

3.3. Vouchers can only be used with respect to the Services/Goods as advertised in the specific Deal on the Website and will be subject to the Terms and Conditions of the Merchant whether or not these are displayed on the Website.

3.4. Each Voucher has a unique identifying code, and can only be redeemed once unless otherwise expressly stipulated on the Deal.

3.5. The Voucher shall be the sole responsibility of the Member at all times. Neither the Merchant nor Tupo or any of it’s affiliates, employees, assignees or successors in title shall be responsible for damaged, lost or stolen Vouchers.

3.6. Vouchers shall not be combined with any other offers or promotions, unless otherwise specified by the Merchant.

3.7. Vouchers shall be redeemable in their entirety only and may not be redeemable incrementally, unless stipulated differently in the conditions of a specific Deal. The number of Vouchers which may be purchased by each Member in relation to a specific Deal will be determined by the Merchant and shall be stipulated in the Terms and Conditions of the Deal.



4.  USE OF THE WEBSITE

4.1. Users may do the following: view pages from our Website in a web browser; download pages from our Website for caching in a web browser;print pages from our Website; stream audio and video files from our Website; and use our Website services by means of a web browser, subject to the other provisions of these Terms and Conditions.

4.2. Except as may be expressly permitted in these Terms and Conditions or any relevant laws of the country, no User (including Merchants) shall not download any material from the Website or save any such material to a personal or public computer.

4.3. No one shall be permitted to use the Website for their own personal, business purposes or for any other purposes other than purchase of Deals.

4.4. Except as expressly permitted by these Terms and Conditions, no one shall be allowed to edit or otherwise modify any material on the Website.

4.5. All Users are prohibited from republishing or redistributing, selling, renting or sub-leasing or exploiting materials from the Website for commercial purposes or for personal gain unless such User owns or controls the relevant rights to the material.

4.6. Tupo reserves the right to restrict access to certain areas of the Website or the entire Website, at its sole discretion without prior notice.

4.7. No User shall do the following: circumvent, bypass, or attempt to circumvent or bypass any access restriction measures on the Website; use the Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website; use the Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation to scraping, data mining, data extraction and data harvesting) on or in relation to the Website without our express written consent; access or otherwise interact with the Website using any robot, spider or other automated means; violate the directives set out in the robots.txt file for the Website; or use data collected from the Website for any direct marketing activity (including without limitation to email marketing, SMS marketing, telemarketing and direct mailing).

4.8. Users must ensure that all the information supplied through the Website, or in relation to the Website, is true, accurate, current, complete and not misleading in any way or contrary to any provisions of the law of the country.



5.  REGISTRATION AND CREATION OF ACCOUNTS

5.1. In order to buy or sell any Services/Goods on the Website, Users must become Members by registering an account which involves completing and submitting the account registration form on the Website.

5.2. All Members must ensure that no other person is allowed to use their account to access the Website.

5.3. It is the responsibility of all Members to notify Tupo in writing immediately once they become aware of any unauthorised use of their account.

5.4. The use of any another Member’s account is prohibited unless there is express consent from the person concerned to do so.



6.  LOGIN DETAILS

6.1. Upon registration of an account on the Website Users become Members, and all shall choose log in credentials referred to as a User ID and password.

6.2. The login credentials shall not be used to mislead other users of the Website and must comply with these Terms and Conditions and any other related laws and must not be used in connection with the impersonation of any other person.

6.3. Access to membership and logged-in parts of the Website for commercial or non-personal use is prohibited unless express consent has been obtained from Tupo.

6.4. Login credentials shall remain confidential and every Member shall be responsible for any activity on our Website arising out of any failure to keep their password confidential, and may be held liable for any losses arising out of such a failure. Furthermore, the Member is entirely responsible for all activities that occur under your login name.

6.5. Members are allowed to change their login credentials at any time by following the set procedures or contacting customer service and shall remain responsible to notify Tupo of any such changes.

6.6. Members must notify us immediately if you become aware of any disclosure of your log in credentials.



7.  CANCELLATION AND SUSPENSION OF ACCOUNT

7.1. Tupo reserves the right to suspend, cancel or edit any account at any time at our sole discretion without prior notice or explanation. It is the discretion of Tupo to delete an account and all relating information after a significant period of inactivity.

7.2. In the event that an account with Tupo is deleted all information in connection to the account will be marked as deleted and will be deleted from our database. The deleted information may remain available on our servers for some period of time owing to delays in implementation through our web servers.

7.3. Tupo shall not be responsible for retained information by third parties whether the information is active or has been deleted by Tupo.

7.4. Members may delete their accounts at any time without prior notice to Tupo.



8.  TUPO CONTENT

8.1. ‘Tupo’ is our trademark and all rights associated with the trademark are expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Website are the property of their respective owners and may not be used by you without obtaining the owners’ express permission.

8.2. Copyright for the material and trademarks in this site are owned by Tupo Group Buying and it’s proprietary company Perspective Tanzania Ltd with all intellectual property rights reserved;

8.3. You acknowledge that all Tupo Website Content is our exclusive property or is used with the express permission of the copyright and/or trademark owner; and

8.4. No Content may be reproduced, published or transmitted without the prior written consent of the owner. Copyright, trademark or other intellectual property right infringement may result in civil and/or criminal penalties.



9.  USER CONTENT

9.1. In these Terms and Conditions, “your content” or “user content” means all works and materials (including without limitation text, emails, information, messages, data designs, logos, graphics, images, pictures, music, other audio material, video material, audio-visual material, scripts, software and files, trademarks) that you submit to us for storage or publication on, processing by, or transmission via the Website;

9.2. Tupo has the unrestricted right and permission to adapt, reproduce, distribute and sub-lease such user content for advertising, internal use or other lawful purpose. Tupo reserves the right to refuse content, or to accept it, and to alter, display, post, reproduce and transmit any user content at our sole discretion;

9.3. Tupo reserves the right to institute an action for infringement of rights;

9.4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant representation that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. Thus as a User you will not claim any rights in connection with content you have submitted nor claim for remuneration from Tupo or a third party. You also waive any right that you may have to examine or approve User content and products related to this content used for any kind of publication;

9.5. You may edit your content to the extent permitted using the editing functionality made available on our Website;

9.6. Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete or edit any or all of your content; and

9.7 You understand and agree that User Content is public. Any person may read your User Content without your knowledge. Please do not include any additional personal information or any other information in your User Content unless you wish for it to be publicly disclosed. Tupo shall not be responsible for the use or disclosure of any personal information or any other information that you disclose in connection with User Content unless required by law.



10.  USER CONTENT RULES

10.1. You warrant and represent that your content will comply with these Terms and Conditions.

10.2. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3. Your content, and the use of such content by Tupo shall be in accordance with these Terms and Conditions and shall not be libelous or maliciously false, obscene or indecent; or infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right, infringe any right of confidence, right of privacy or right under data protection legislation; or constitute negligent advice or contain any negligent statement; or constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; or be in contempt of any court, or in breach of any court order; or be in breach of racial or religious hatred or discrimination legislation, or blasphemous; or be in breach of official secrets legislation or any contractual obligation owed to any person; or depict violence in an explicit, graphic or gratuitous manner; or be pornographic, lewd, suggestive or sexually explicit, untrue, false, inaccurate or misleading; or consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; or constitute spam; or be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory or cause annoyance, inconvenience or needless anxiety to any person.

10.4. Users are not authorized to reproduce, sell or trade any Voucher unless expressly authorised by Tupo or otherwise done so in compliance with the law.

10.5. Any attempted redemption not consistent with these Terms and Conditions will render the Voucher null and void and may lead to criminal and civil penalties.

 


11.  LIMITED WARRANTIES

11.1. Tupo does not warrant, represent or guarantee: the completeness or accuracy of the information published on the Website; the continued availability of any particular Service/Goods advertised on the Website; sites or services we link to or that link to Tupo.

11.2. The Website may provide links and pointers to the Internet sites of third parties and Tupo shall not be responsible for the contents of any linked site or any link contained in a linked site.

11.3. The inclusion of a link does not imply endorsement by Tupo of the linked site, and Tupo shall not be liable for any loss or damages arising in connection with any information or service provided by a third party.

11.4. Tupo does not warrant that any material on the Website including third party material is up to date.

11.5. Tupo provides no guarantee to you that our services will be uninterrupted or free of error or defects, nor that any such errors or defects will be corrected; and that files available for downloading through our Website or delivered via electronic mail through the site will be free of infection or viruses, worms, trojan horses or other code manifesting contaminating or destructive properties.

11.6. Tupo does not guarantee or endorse any of the advertisers, services or products advertised on its site and we strongly recommend that before placing a Deal with any user of the site that you carry out your own independent background check. Tupo will not be liable for any decision made or action taken by you or any other person based on any information contained in or omitted from our Website.

11.7. We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website. (This clause does not prejudice your entitlement to compensation in circumstances described herein).

11.8. To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our Website and the use of our Website.

 


12.  LIMITATIONS AND EXCLUSIONS OF LIABILITY

12.1. Nothing in these Terms and Conditions will exclude any liabilities that may not be excluded under applicable law.

12.2. The limitations and exclusions of liability set out in this clause and elsewhere in these Terms and Conditions shall govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.

12.3. To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6. We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8. While Tupo takes all necessary care to ensure the privacy of information you provide, it is possible that the information could be unlawfully observed by a third party while in transit via the Internet or while stored on Tupo’s site. Tupo disclaims all liability to you to the fullest extent under the law in this event. (Please see also our Privacy Policy).

12.9. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms and Conditions.

 


13.  BREACH OF THESE TERMS AND CONDITIONS

Without prejudice to other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:

13.1. send you one or more formal warnings;

13.2. temporarily suspend your access to our Website;

13.3. permanently prohibit you from accessing our Website;

13.4. block computers using your Internet Protocol (IP) address from accessing our Website;

13.5 contact any or all of your internet service providers and request that they block your access to our Website;

13.6. commence legal action against you, whether for breach of contract or otherwise; and/or

13.7. suspend or delete your account on our Website.

13.8. Where we suspend or prohibit or block your access to our Website or a part of our thereof, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).



14.  VARIATION

These Terms and Conditions shall be revised from time to time without prior notice and all Users hereby waive any right they may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions.


 

15.  ASSIGNMENT

15.1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.

15.2. No Party shall have the right to assign, transfer or otherwise dispose of its rights and/or obligations under this Agreement without the prior written consent of the other Party.

 


16.  SEVERABILITY

In case one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or not enforceable in any respect, such invalidity, illegality or non-enforceable provision shall be deemed never to have been contained herein. In the event of such invalidity, illegality or non-enforceability, the Parties shall use their best efforts to achieve the purpose of the relevant provision by amending the provision in this Agreement and adding a new legally valid and enforceable provision.

 


17.  THIRD PARTY RIGHTS

17.1. A contract under these Terms and Conditions is for the benefit of the parties, and is not intended to benefit or be enforceable by any third party.

17.2. The parties’ rights under a contract made in relation to these Terms and Conditions is not subject to the consent of any third party.

 


18.  ENTIRE AGREEMENT

These Terms and Conditions, together with our privacy and cookies policy, shall constitute the entire agreement between Users and Tupo in relation to the use of the Website and shall supersede all previous agreements between Users and Tupo in relation to your use of our Website.



19.  LAW AND JURISDICTION

19.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Republic of Tanzania.

19.2. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Tanzania.